Facts
This case concerns a commercial lease on a hotel-restaurant, the premises of which also included apartments occupied by the tenant's family. The property was acquired by the respondent in a forced sale, who then gave notice to the tenants for the next legal term.
The tenants contested the validity of the notice, invoking in particular the protection granted by Articles 266m to 266n of the Swiss Code of Obligations (CO) to commercial premises also serving as a family home. They also challenged the date of notification of the notice, which they claimed was late.
Considerations
The Federal Tribunal first considered that the leased premises were predominantly intended for the operation of a business, so that the contract should be assimilated to a commercial lease. However, since the tenant occupied two of the establishment's apartments with his family, Articles 266m to 266n CO relating to the protection of the family home had to apply.
Although the notice was not notified to the tenant's spouse, the Federal Tribunal considered that the particular circumstances of the case did not justify declaring the notice null and void. Indeed, the tenants had not informed the purchaser of the situation, although they had…