Facts
- The dispute opposes Ms. T., the landlord, and A., the tenant, regarding the early termination of the tenancy agreement by the tenant. - On 7 December 1992, A. terminated the lease with immediate effect, citing defects in sound insulation and the behavior of a neighbor. The landlord contested this termination. - On 17 May 1993, Ms. T. sued A. for payment of the rents until the expiry of the lease on 15 July 1993. - The Rental Tribunal dismissed the claim, considering that the landlord's rights were time-barred under Art. 273 para. 1 CO. The Court of Appeal then overturned this judgment and ordered A. to pay the rents.Considerations
The Federal Tribunal dismisses A.'s appeal and confirms the judgment of the Court of Appeal. It considers that only valid terminations are subject to the provisions on protection against abusive termination. Ineffective terminations, such as the one given by A. for unjustified reasons, are not subject to the 30-day time limit of Art. 273 para. 1 CO to be contested. Failure to comply with this time limit only deprives the tenant of the right to claim that the termination would be contrary to good faith within the meaning of Arts. 271 and 271a CO.
Thus, the Court of Appeal correctly applied the law by taking up the landlord's action for performance of…