2023-10-10 23:17:47
A man from Viedma signed a rental contract for a period of three years through a real estate agency. From the beginning it faced a series of problems that, despite promises of solutions, were not resolved effectively. The agreement expired in January 2024, but finally due to sewage flooding and nauseating odors, the tenant left early.
The most serious problem was the obstruction of the sewers, a persistent problem for more than two years. The real estate company sent two plumbers who carried out a temporary solution, claiming that the sewers lacked adequate ventilation.
However, The tenant stated that specialists in the matter informed him that it was a problem in the water pipes, which caused flooding and bad odors. Given the lack of response to his complaint, the man handed the keys to the real estate agency and abandoned the property.
At the conciliation hearing, no agreement was reached and the case continued as a small claim in the Viedma Peace Court.
The real estate company Balda, in its response, denied all the facts and argued that the rental contract did not establish a consumer relationship.
For its part, The owner of the property indicated that the man rented the property in 2018, a contract that was carried out without problems. He expressed his desire to renew the contract in 2021 and following 3 months he presented a note detailing a series of defects that “derive from the mere use of the property.” He explained that clause 8 of the contract establishes: “it is the exclusive responsibility and expense of the Tenant, all those repairs that correspond to the conservation of the property, derived from its use.
He argued that the building had a widespread sewer problemso the intervention of Aguas Rionegrinas was requested, who observed that there was an overload due to the area and the presence of roots that were probably interfering with the discharge and would not allow passage correctly.
A person close to the man testified that “on approximately three occasions he held a social gathering at the actor’s home, and He was able to verify that he might not use the bathroom, which is why he went to the public bathrooms at the Zatti Hospital.which is located near the property.”
Another witness stated that “He approached the house on many occasions, and was able to notice that there was a constant smell of sewer.that I mightn’t go to the bathroom and that the smell spread to the kitchen area, precisely in the sink.
Failure
The surrogate judge stated in her ruling that “the right to information constitutes the backbone of the consumer relationship.”. Consumers have the subjective right to have the necessary knowledge to be able to evaluate both the characteristics of the product or service they acquire or contract and to know the risks of its use or consumption and the measures they must take to avoid them or, where appropriate, to present a claim.”
The judge took into account that “since she might not use water, she had to go wash clothes at her daughter’s house. Thus, it is considered serious conduct that a property is rented to be inhabited and that the tenant cannot go to the bathroom or wash clothes, that there are sewage odors and flooding.
Furthermore, he explained that in this case, the defendants did not provide the adequate information so that the tenant might decide whether or not to renew the rental contract, despite having access to data on the sewage problem in the area. This right is of vital importance for the consumer, since the lack of information prevents them from fully knowing what their rights are.
Finally, The judge sentenced the defendants to pay jointly a sum for direct damage and another for moral damage.. In addition, the real estate company was ordered to pay another sum in punitive damages.
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