Total Victory in Eviction Lawsuit for Unauthorized Sublease and Unpaid Rent
26-07-13 13
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1. Case Overview
The client (landlord) owned a commercial building and suffered from the tenant repeatedly defaulting on rent. The client then discovered the absurd fact that the tenant had unauthorizedly transferred the premises to a third party without the client's consent (unauthorized sublease), and unknown individuals were operating a restaurant in the property. With both the tenant and the unauthorized occupants shifting blame and refusing to evict, the client sought Law Firm Theo to defend their property rights.
The core issue was whether it was legally possible to force the eviction of both the original tenant (indirect possessor) and the third party currently occupying the property unauthorizedly (direct possessor), and to simultaneously recover full possession of the real estate along with financial damages, including the unpaid rent. Since eviction cases involving unauthorized occupants can easily be delayed, precise identification of the defendants and a strict legal approach from the initial stages were essential.
The assigned attorney at Law Firm Theo took immediate and flawless action to minimize the client's damages:
- Prompt Termination of Contract and Securing Evidence: The effect of contract termination due to rent delinquency and unauthorized sublease was clearly established through certified mail and messages.
- Flawless Identification of Defendants and Eviction Claim: Based on a meticulous legal review, both the hidden original tenant and the illegal subtenants actually occupying the commercial property were grouped as defendants. A powerful lawsuit for exclusion of interference and delivery of real estate based on ownership was filed.
- Strategic Financial Pressure: The strategy went beyond merely recovering the building; it applied strong pressure on the defendants by thoroughly offsetting the unpaid rent from the security deposit and claiming all financial losses incurred until the day of full delivery of the building as "unjust enrichment" in full.
4. Result of Assistance
The court fully accepted all of Law Firm Theo's thorough legal arguments and evidence, issuing a "total victory for the plaintiff" ruling. The defendants were ordered to immediately deliver the commercial property to the client and jointly pay the full amount of unjust enrichment equivalent to the monthly rent until the delivery was completed. Furthermore, it was stipulated that the defendants would bear all litigation costs, allowing the client to evict the troublesome unauthorized occupants and reclaim the building without any unfair financial loss.
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