Result test mismatch
The landlord’s obligation to hand over the apartment when it is ‘suitable’ is an absolute and complete obligation. Not a relative charge.
Therefore, the landlord violates a contract if he hands over an apartment that is not suitable – even if the landlord acted in good faith and even if the landlord was not negligent or guilty of the non-compliance.
The important issue in our case is that only in positive results there is room to talk about the principle of appropriateness, whereas in positive efforts it cannot be applied.
As a result of charges, the very existence of a discrepancy between the result received by the tenant and the landlord’s charges is a breach of the lease.
The difference between the agreed result and the actual result is a condition for the existence of the violation.
On the other hand, when the charge is limited to taking appropriate measures to achieve the result, then the existence of a gap between the desired result and the result actually obtained is not a sufficient condition for the existence of a violation.