Abstract

Pursuant to Art. 15.1 of the Act on Protection of Tenants’ Rights, where a case to vacate a dwelling is tried and it transpires that certain other persons who have not been named as defendants in the case might be required to vacate it if the case is resolved in favour of the plaintiff, the court shall call on the plaintiff to identify such other persons within the deadline set by the court so that those persons may be summoned, and to file a motion for the appointment of a custodian, if necessary. The court will then summon those persons to join the case as defendants.

In its resolution of 8 December 2017, III CZP 79/17, the Supreme Court found that in a case brought in by the landlord to obtain a court order to vacate a dwelling unit against a former tenant and persons whose right to reside in that dwelling unit derived from the tenant’s rights and who were identified by the plaintiff as defendants in accordance with Art. 15.1 of the Act on Protection of Tenants’ Rights joint participation on the part of the defendant was the necessary.