Facts
A.X. (Defendant 1 and Appellant) has been a tenant of an apartment and a garage in C. since April 1, 1976. She occupies the apartment together with her son B.X. (Defendant 2 and Appellant). The landlord is the company Y. (Plaintiff and Respondent), which terminated the contracts using the official form on March 31, 2006. The Defendants did not contest the termination.
By submission dated April 4, 2006, the Plaintiff applied to the District Court of Baden for the eviction of the Defendants. On June 16, 2006, the District Court of Baden granted the request and obliged the Defendants to vacate the rented premises within ten days of the decision becoming legally binding.
On July 31, 2006, the Defendants filed a complaint with the High Court of the Canton of Aargau and requested that the contested decision be overturned and the Plaintiff's request be dismissed. The High Court dismissed the complaint and concluded that the termination was valid.
By appeal dated October 17, 2006, the Defendants requested the Federal Supreme Court to overturn the judgment of the High Court and dismiss the Plaintiff's request for eviction of the tenants. The Federal Supreme Court dismissed the appeal.
Considerations
The Defendants accuse the High Court of having violated federal law by considering an obviously abusive termination to be merely contestable and therefore refraining from examining whether the requirements of Art. 2 para. 2 CC were met.
The Federal Supreme Court states that according to the prevailing doctrine, Art. 271 para. 1 CO…