Facts
This case involved a lease agreement between [A. GmbH] (tenant, appellant) and the [B.] estate (landlord, respondent). The landlord terminated the lease agreement on November 1, 2010, effective May 31, 2011, as the tenant had not disclosed the sublease conditions. The tenant filed a lawsuit against the termination.
The District Court of Maloja upheld the landlord's claim and determined that the termination was legally valid, as the requirements for termination under Art. 257f para. 3 CO (breach of duty of care) were met. The tenant then appealed to the Cantonal Court of Graubünden, which partially upheld the appeal and reduced the compensation to the landlord. The tenant subsequently filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the tenant's appeal. It stated that the landlord had repeatedly requested the tenant in writing to disclose the sublease conditions. Since the tenant failed to comply with this request, the landlord was entitled to refuse consent to the sublease (Art. 262 para. 2 lit. a CO). This fulfilled the requirements for an extraordinary termination under Art. 257f para. 3 CO, even though the landlord had initially announced a termination under Art. 266g CO.
The Federal Supreme Court further stated that it was irrelevant whether the landlord had…