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KLAN202300892
Tribunal De Apelaciones De Pue...
Dec 19, 2023
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Background

  • Condado Beach Apartments, LLC filed an action against Vivien Yuret for summary eviction (desahucio) and collection of unpaid rent.
  • The case was heard in the San Juan court; evidence included testimony from the property manager and an invoice showing $6,921 owed by Yuret.
  • Yuret admitted during the hearing that she had not paid rent since December 2022.
  • The trial court granted the eviction against Yuret but dismissed the money collection claim due to insufficient evidence (missing contract documentation).
  • The appeal focused on whether the eviction should have included a co-tenant (Yuret’s mother) and whether the money judgment should have been granted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Scope of Eviction Order TPI erred by evicting only Yuret; action is in rem against all Not specifically presented Eviction proper only against Yuret; not her mother
Collection of Money (Unpaid Rent) TPI erred by dismissing; debt was admitted and not disputed Debt claim not supported by contract evidence Dismissal affirmed; insufficient proof
Sufficiency of Evidence (Lack of Transcript) N/A (challenged factfinding without transcript) N/A Court cannot review factfinding without transcript
Action Against Co-tenant (Yuret’s Mother) Should include mother as co-tenant Not specifically presented Separate action required against co-tenant

Key Cases Cited

  • Adm. Vivienda Pública v. Vega Martínez, 200 DPR 235 (Puerto Rico 2018) (explains the summary character and purpose of desahucio actions)
  • ATPR v. SLG Volmar-Mathieu, 196 DPR 5 (Puerto Rico 2016) (details on the restitutionary nature of eviction proceedings)
  • C.R.U.V. v. Román, 100 DPR 318 (Puerto Rico 1971) (action for eviction is not to determine ownership, but to restore possession)
  • Ortiz Ortiz v. Medtronic, 209 DPR 759 (Puerto Rico 2022) (trial judge’s credibility determinations are entitled to deference from appellate courts)
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Case Details

Case Name: Condado Beach Apartments, LLC v. Yuret, Vivian
Court Name: Tribunal De Apelaciones De Puerto Rico/Court of Appeals of Puerto Rico
Date Published: Dec 19, 2023
Citation: KLAN202300892
Docket Number: KLAN202300892
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    Condado Beach Apartments, LLC v. Yuret, Vivian, KLAN202300892