News

The Panevėžys Regional Court has issued a final ruling in the dispute between the Klaipėda City Municipality and the tenant L. Š. The Regional Court concluded that the priority given to preserving a lease agreement cannot be indefinite when a tenant systematically fails to pay fees and shows no effort to resolve the situation. By court order, the lease agreement concluded in 2018 has been terminated, and the individual is to be evicted from the 88 sq. m. apartment without the provision of alternative accommodation.

Although the court of first instance in Klaipėda initially ruled to grant the tenant an opportunity to settle the debt and retain the housing, the Panevėžys Regional Court overturned this part of the decision. The judicial panel emphasized that the debt incurred by L. Š. had reached a critical threshold - exceeding 13,000 euros, which is equivalent to 37 months of unpaid rent.

The court noted that the individual failed to prove any realistic financial capacity to cover the massive debt or to pay current charges on time. On the contrary, the fact that the defendant was granted 100% state-funded legal aid for the proceedings only confirmed a financial status incompatible with the obligations undertaken.

Evaluating the situation through the prism of human rights, the Regional Court relied on the case law of the European Court of Human Rights and the Supreme Court of Lithuania. It was established that while the right to housing is significant, it does not grant an individual the right to reside in a property owned by another party without paying the required fees. The judicial panel highlighted the tenant’s passive conduct.

The tenant's total indifference toward their assumed obligations and their passivity prior to the legal disputes cannot be considered adequate or honest behavior, and a failure to terminate the lease under such circumstances would unjustifiably violate the rights of the municipality, stated the judicial panel.

The court also noted that social solidarity has its limits. Citing findings by the Constitutional Court, the panel stated that support must not turn into a privilege that encourages an individual to avoid seeking income or to disregard personal responsibility for their own welfare.

In the assessment of the Regional Court, the termination of the lease is a proportionate measure in this case. The court found that the municipality made efforts to resolve the dispute amicably; however, the defendant did not respond to notices and made no attempt to downsize to a smaller dwelling or negotiate a debt repayment plan.

By the final court decision, Klaipėda City Municipality was awarded 110 euros in legal aid costs, while the remainder of the first-instance court's decision regarding previous debts remains unchanged.

The ruling of the Panevėžys Regional Court may be appealed to the Supreme Court of Lithuania within three months.

When citing or otherwise distributing this information, please indicate the source of the information.

Contact for the media: