The existence of a dispute

Application pratique:

Under this case law, a serious dispute about the landlord's obligation to maintain the property prevents any interim payment. The landlord should not seek summary payment but instead bring ordinary proceedings for rent arrears while promptly addressing the repair issues. Gather evidence of the property's condition and all correspondence; consider negotiating a rent reduction to resolve the dispute faster.

Application pratique:

Because there is a serious dispute about whether the buyer met the financing condition, the judge cannot order interim payment of the deposit. The buyer should preserve all loan refusal letters and proof of timely notification to the seller. Instead of summary proceedings, the buyer must bring a full claim for deposit recovery, which will take longer but is necessary.

Application pratique:

The serious dispute over liability (neighbour versus syndic) blocks any interim payment. The co-owner should contact their insurer and request a joint expert assessment to determine the cause. Once liability is clear, make a claim against the responsible party through full legal proceedings; avoid wasting time and money on summary payment applications.