Acórdão nº 380/07.7YXLSB.L1-7 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Data | 01 Março 2010 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERAR A DECISÃO Sumário: I – Sendo referida, numa acção de despejo, a prática, pela arrendatária, de actos que contribuíram para a degradação do locado e levaram à necessidade de obras que envolveram despesas por parte dos senhorios, mas vendo-se, pela leitura da petição, que os mesmos factos não foram reconduzidos, embora pudessem sê-lo, a qualquer causa de resolução, a sua consideração, na sentença, enquanto causa de resolução traduz um excesso em relação à causa de pedir que a lei não consente.
II – A inexistência habitual de hóspedes num estabelecimento de hotelaria não implica a inexistência deste estabelecimento, apenas garantindo que, a haver tal estabelecimento, a sua exploração não decorre em termos satisfatórios.
III – Provando-se que a rega feita pela arrendatária contribuiu para a necessidade do reforço da varanda do locado, e significando isto, necessariamente, que a mesma foi executada sem que se verificassem as condições de isolamento satisfatórias que à arrendatária cabia assegurar, em cumprimento do dever que sobre ela impendia de não fazer do...
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