Facts
This judgment deals with the calculation of the amount in dispute in eviction proceedings under the procedure pursuant to Art. 257 CPC (legal protection in clear cases). The appellant had appealed against the calculation of the amount in dispute by the lower court.
The lower court had calculated the amount in dispute based on the presumed damage caused by the delay, i.e., the hypothetical rent or lease value for the period until an eviction decision could be expected to be issued in the ordinary proceedings. It assumed a duration of six months.
The appellant argued that the duration of the proceedings for ordinary proceedings, including legal remedies, would rather be at least three years.
Considerations
The Federal Court considers it appropriate to specify the principles for calculating the amount in dispute in eviction proceedings under the procedure pursuant to Art. 257 CPC and to establish uniform rules.
If the only issue is the question of eviction, the amount in dispute is to be measured by the rent value that arises from the delay due to the summary proceedings itself. Regardless of cantonal differences, a duration of six months is to be assumed here.
If, on the other hand, the termination is also disputed, this is the subject of the dispute itself. In this case, either the expected duration of the summary and subsequent simplified proceedings or the three-year termination ban pursuant to Art. 271a para. 1 lit. e CO is to be taken as a basis, since a decision…