The Court of Cassation has ruled on a legal dispute originating in Tangier concerning the commercial use of a residential apartment, confirming the right of a building syndic to seek a tenant’s eviction when the residential purpose of the property is violated.
The case began when the syndic of a residential building filed a lawsuit against a company that rented an apartment and converted it into an office for receiving job applications, resulting in a steady flow of visitors, which was considered inconsistent with the property’s residential designation.
While the first instance court ruled in favor of terminating the lease and ordering eviction, the court of appeal overturned the decision, stating that the syndic was not a party to the rental agreement.
In its ruling No. 2372, the Court of Cassation clarified that although contractual obligations bind only the parties involved, they must not harm third parties, thereby recognizing the syndic’s legal standing to request eviction in cases of violation of co-ownership regulations.
This decision provides clarification on legal practices related to property use in shared ownership settings and highlights the role of the syndic in preserving the residential nature of buildings.