The magistrate judge of Court Number 4 of Santa Cruz de Tenerife, Juan Antonio González Martín, has dismissed the eviction lawsuit presented by the commercial entity Investment Styani against Dolores, a 91-year-old woman.
In the judgment, to which SER has had access, it is considered that the defendant agreed to pay the debts incurred as a result of enjoying an old rental rent, specifically of the house in which Dolores has lived since she was eight years old.
The business entity demanded eviction due to a debt incurred in the last five years for IBI and garbage however, since there is no horizontal division of the house, divided into two floors where the lower part has commercial premises, the judge considers that Dolores is right because “of the documentation provided by the company to quantify the debt is not clear that this rate and encumbrance are, solely and exclusively, of the rented house”And branded as“dishonest that the tenant assume the payment of taxes on the entire building”.
For all these reasons, the judge does not declare resolved the rental agreement, which date 1931, and denies the eviction of Dolores that was scheduled for this Friday. Likewise, the order to pay the costs is imposed on the defendant.
The Dolores case, brought forward by SER, has aroused considerable media interest, due to the imminence of an eviction that affected an elderly woman who had to access in a wheelchair and visibly affected the court for the celebration of the view. There is an appeal against the judgment at the Provincial Court of Santa Cruz de Tenerife.
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