Facts
The dispute opposes a commercial tenant to the Canton of Geneva, the owner of the property. Since 1961, the tenant has operated a car body and repair workshop in these premises. On February 24, 2004, the landlord terminated the lease due to a railway project (CEVA) that requires the demolition of the buildings. The tenant contested the termination and requested an extension of the lease. The Rental Tribunal granted a single extension until the enforceable entry into force of the decision approving the CEVA project plans, but no later than December 31, 2010. The tenant appealed, and the Court of Appeal reformed the judgment to set the duration of the extension to the legal maximum of six years, i.e., until December 31, 2010. The landlord then appealed to the Federal Tribunal.Considerations
According to case law and doctrine, the expiry of a lease extension cannot be linked to a future and uncertain event such as the entry into force of a building permit. The judge must grant an extension of a fixed duration. In this case, although the landlord's need to recover the premises for the CEVA project takes precedence over the tenant's, a…