Fajardo v. District Court of San Juan
Fajardo v. District Court of San Juan
Opinion of the Court
delivered the opinion of the Court.
Petra Fajardo, widow of Navarro, brought, in the Municipal Court of San Juan, an action of unlawful detainer against Camilo González and essentially alleged that she is
Although it has been the usual practice of this Court not to issue a writ of this sort to review a decision of a lower court sustaining or overruling a demurrer (Collazo v. District Court, 61 P.R.R. 282 and cases cited at p. 283) ,
Section 12-A of Act No. 464 of 1946, as amended by Act No. 201 of May 14, 1948 (Sess. Laws, pp. 574, 580), specifies the cases in which the lessor may bring an action of unlawful detainer. Briefly stated, those cases are the following: (1) default of payment; (2) unlawful or immoral conduct of the tenant; (3) subletting of the property without the landlord’s written authorization; (4) devoting the leased property to a purpose substantially different from the one agreed upon; (5) maliciously or negligently causing considerable damage to the property by the tenant; (6) when the landlord needs in good faith the dwelling or part thereof, for his personal use and immediate occupancy as a place of residence; (7) when the landlord needs for himself, in good faith, the commercial or business premises; and (8) when the landlord is planning to demolish in whole or in part the leased building in order to construct a new one. Section 12-B, as amended by Act No. 24 of August 21, 1948 (Spec. Sess. Laws, pp. 238, 240), specifies the prerequisites which must be satisfied by the landlord in each of the foregoing cases numbered from (1) to (8), and it then sets forth two paragraphs which textually read as follows:
“In any other ease in which unlawful detainer 'proceedings' may be prosecuted under insular or federal legislation, the plaintiff may not file his action until after he has served on the tenant not less than six months in advance of the date of the filing of said unlawful detainer action, authentic written notice -of his intention to recover the property.
“The court shall, in all actions in which the aforesaid requisite notice has not been given, order the stay of the proceedings until the term of said notice has elapsed.” (Italics ours.)
The ground of eviction on which the lessor relies herein does not fall within any of those specified by our Act. The action is clearly based on subdivision 5 of § 209 (a) of the Federal Housing and Rent Control Act of 1948, which
Undoubtedly, the first paragraph of § 12-B above cited is of a procedural nature, inasmuch as it establishes a condition precedent to the filing of the complaint which must be complied with by every plaintiff in actions for the eviction of a tenant or unlawful occupant of the premises. That requisite does not conflict in any way with § 209(c) of the Federal Housing and Rent Control Act of 1948. Said Section provides that “no tenant shall be obliged to surrender possession of any housing accommodations . . . until the expiration of at least sixty days after written notice from the landlord that he desires to recover possession of such housing accommodations . . .” Our statute establishes a prerequisite for the filing of the complaint, while the foregoing federal provision merely provides that the tenant or unlawful occupant shall not be deprived of the possession of the housing accommodations occupied by him until the expiration of at least sixty days, counted from the notice served on him. Therefore, the minimum term of sixty days, fixed by the Federal Act,.is clearly comprised within that of six months established by the Insular Act. In other words, our statute requires compliance with a certain requisite before the filing of the complaint, while the federal statute only provides the minimum period which must elapse between the service of notice on the tenant and the surrender of the possession of the property involved in the unlawful detainer suit. Indeed, there is no conflict between the two provisions. Both are perfectly harmonious.
As we stated in Avila v. District Court, 68 P.R.R. 10, “. . . the Insular Legislature has exclusive control of
However, it having been established that the above-mentioned requirement is of a procedural character, is the same applicable to an action which was pending at the time the amendatory Act of August 21, 1948, took effect? Clearly it is applicable. As we have repeatedly held, procedural statutes have retroactive effect and are applied both to cases pending at the time the same take effect and to those filed after the effective date thereof. Martínez Fernández & Co. v. García, 68 P.R.R. 363, 368; Royal Bank v. Tax Court, 65 P.R.R. 324, 328; Vivó v. Medina, 65 P.R.R. 821, 826; López v. South P. R. Sugar Co., 62 P.R.R. 227, 231; Mason v. White Star Bus Line, 53 P.R.R. 320, 324. Of course, in construing statutes the primary aim is not to obtain a preconceived arbitrary objective, but to carry out the purpose of the lawmaker. In the present case, that purpose clearly was that said requirement should be applied to pending actions. This is manifestly confirmed by the second paragraph cited above. By virtue thereof the court is authorized, in all actions in which the aforesaid requisite notice has not been given, to order a stay of the proceedings until the term of six months fixed by the foregoing paragraph has elapsed.
The writ issued should be discharged and the case remanded to the respondent court for further proceedings not inconsistent with this opinion.
Cf. Pérez v. District Court, 69 P.R.R. 4.
See by analogy the case of Trigo v. District Court, ante, p. 346.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.