Núñez v. Rodríguez Rolán
Núñez v. Rodríguez Rolán
Opinion of the Court
Emilio Núñez, plaintiff-appellant herein, filed in the Superior Court, San Juan Part, an action for damages alleging substantially that on June 27, 1961 .Serafín Rodríguez Rolán, defendant-appellee herein, terminated the landlord-tenant relationship existing between them in connection with certain business premises located on Ponce de León Avenue, in Santurce, and had demanded that he vacate them because he proposed to occupy them himself or to..demolish them within a period of six months; that in compliance with such demand, plaintiff “proceeded perforce to liquidate his inventory, having been compelled to close out his commercial establishment and to discontinue the normal operation of his business”; that subsequently, on January 22, 1962, defendant informed plaintiff that he had sold the real property 10 days previously to a third person; and that these actions of defendant in violation of the provisions of the Reasonable Rents Act caused him losses in his business amounting to $4,851.32, recovery of which is claimed.
The complaint was demurred to on the ground that it did not state a claim to warrant the granting of relief. It was so agreed by the trial court in a brief order which in its pertinent part states that the relief sought is not provided in the Act supra. Accordingly, it rendered judgment.
Section 12-J, added to the Reasonable Rents Act, 17 L.P.R.A. § 202, by Act No. 201 of May 14, 1948 (Sess. Laws, p. 574), imposes certain criminal liability where the lessor, among other things, causes the lessee to vacate a dwelling or business premises through judicial proceedings or otherwise, through deceit, threat, or violence, or notice of any judicial action.
The judgment rendered by the Superior Court, San Juan Part, on October 22, 1962, will be reversed and the case remanded for further proceedings consistent with this opinion.
Evidently it refers to the notice required by the second and fifth paragraphs of § 12-B of the Reasonable Rents Act, 17 L.P.R.A. § 194.
In the opposition filed by appellee against the issuance of the writ it is alleged that the letter concerning the sale of the leased property was sent to plaintiff and received by him prior to the date the tenant vacated the premises in question, as allegedly admitted at the hearing of the motion for dismissal. Such fact has not been established, as sought by the appellee, because the stenographer did not take down the incidences of that hearing.
It must be observed that the extension of the lease contract is compulsory “irrespective of any change of landlord or nominal lessor.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.