Facts
In this case, it was about the eviction of a tenant from the rented premises after the landlords had terminated the lease agreement. The landlords, the estate of [B.] , had terminated the lease agreement with [A. GmbH] on November 1, 2010, effective May 31, 2011. The tenant resisted the termination and claimed that despite the termination, a new, unterminated lease agreement had been concluded through implied conduct.
The landlords initially filed a lawsuit for the declaration of the legal validity of the termination, which was confirmed by the District Court of Maloja and later by the Cantonal Court of Graubünden. After the Federal Court decision of March 10, 2015 also confirmed the validity of the termination, the landlords finally applied for the eviction of the tenant from the premises.
Considerations
The Federal Court confirmed the decision of the lower instance that the requirements for legal protection in clear cases under Art. 257 para. 1 CPC were fulfilled. It was obvious that no new lease agreement had been concluded through implied…