Facts
The complainants A.C. and B.C. had been tenants of a 5 1/2-room apartment, a garage, a storage room, and a parking space since April 1, 1996. The respondents D., E., and F. terminated all tenancy agreements with the complainants as of August 31, 2007, citing a planned comprehensive overall renovation of the property. The complainants unsuccessfully challenged the termination up to the Federal Supreme Court.Considerations
The Federal Supreme Court held that Art. 260 CO merely regulates the performance of certain works during an existing tenancy, but not the issue of the admissibility of a termination with regard to upcoming conversion or renovation work. Whether such a termination is abusive and therefore contestable is assessed solely according to the general clause of Art. 271 para. 1 CO.
According to the Federal Supreme Court, a termination due to planned comprehensive renovation work does not violate the principle of good faith if the work would significantly restrict the tenant and the landlord has a legitimate interest in terminating the tenancies in order to carry out the work quickly and…