Facts
This case involved the eviction of tenants due to payment default. Landlord [B.] terminated the tenancy agreement with tenants [A.A.] and [B.A.] on October 21, 2014 due to payment default, effective November 30, 2014. The tenants then contested the termination at the conciliation authority and did not vacate the property. The landlord subsequently filed an eviction request. The District Court of See-Gaster ordered the house to be vacated. The tenants appealed this decision to the Cantonal Court of St. Gallen, which dismissed the appeal. The tenants then filed a civil law appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court found that the legal situation in the present case was clear. While the tenants disputed that the termination was formally valid, as the termination letter was not personally signed by the wife, the Federal Supreme Court held that the invocation of the formal defect in this case constituted an abuse of rights. The purpose of setting a payment deadline with a termination notice is to give the tenant sufficient time to pay the outstanding rent and thus avert the termination.…