Facts
In this case, X. rented a 5.5-room apartment to H.Y. and F.Y. The lease was concluded on January 14, 1997, and the rent was set at 2,047 Swiss francs per month, plus 180 Swiss francs in charges. In 2002-2003, a new building was constructed in the vicinity of the rented apartment, which resulted in a certain loss of privacy in one of the bedrooms due to the proximity of the windows and balconies of the new building. The tenants then requested a reduction in rent, which the landlord refused.
The Conciliation Commission for Tenancy Matters found the conciliation attempt to have failed, and the judge was seized. The Vaud Rental Tribunal granted a 2% rent reduction due to the loss of privacy. The landlord appealed against this judgment to the Appeals Chamber of the Vaud Cantonal Tribunal, which dismissed the appeal.
The landlord then filed a civil appeal to the Federal Tribunal, arguing that the construction of the neighboring building did not constitute a defect in the rented property.
Considerations
According to the Federal Tribunal, the notion of a "defect in the rented property" within the meaning of Art. 259d CO requires a contradiction with what was agreed in the lease contract. Any decrease in comfort occurring during the lease does not necessarily constitute a defect.
In the present case, the Federal Tribunal considers that the construction of the new neighboring building, even if it has resulted in a certain loss of…