Facts
In this case, it involved a lease agreement between [X. GmbH] (tenant and plaintiff) and [Y. AG] and [Z.] (landlords and defendants) for the use of a building as a car repair workshop. The landlords terminated the lease agreement several times, including on April 25, 2005, based on Art. 266g CO, as the tenant showed an intolerable payment behavior and its managing director [A.] exhibited conduct contrary to the contract.
The Rental Office Burgdorf declared the terminations of February 18, 2005 invalid, but those of April 25, 2005 valid. The President of the Court of the Judicial District V Burgdorf-Fraubrunnen dismissed the tenant's claim and found that the termination of April 25, 2005 was valid and effective. The Cantonal Court of Bern upheld this decision on appeal.
Considerations
The Federal Supreme Court concluded that the lower instance had decided correctly. The tenant had paid the rent with varying delays of around three years without being able to provide any reasons for excuse. Despite reminders from the landlords, she had continued this conduct contrary to the contract, so that the breaches of contract were to be qualified as serious due to their duration and repetition and were at least bordering on vexatious behavior.
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