Facts
In this case, it was about the exclusion of [A.] and [B.] from a housing cooperative (Cooperative [C.] ) as well as the termination of their rental agreement for a 4-room apartment and a parking space.
The cooperative had initially issued a warning to the tenants 1 and 2 and threatened them with termination of the contract and exclusion from the cooperative in the event of further breaches of contract. The cooperative then terminated the rental agreement and excluded tenants 1 and 2 from the cooperative.
Tenants 1 and 2 appealed the exclusion decision to the general meeting of the cooperative and contested the termination with the competent conciliation authority. The general meeting confirmed the exclusion, which then became legally binding. The tenancy court declared the termination invalid, but the High Court of the Canton of Zurich found it to be valid.
Considerations
The Federal Supreme Court concluded that the termination of the rental agreement was valid, as there was reason for exclusion from the cooperative. The appellants had repeatedly behaved recklessly, with appellant 1 throwing objects from the…