Facts
The appellant, [A.] , and the respondent, [B.] , concluded a lease agreement on 2 October 2015. The rent was CHF 2,000.-- per month, and the tenant was responsible for the operating costs. The landlord claimed CHF 38,928.-- for unpaid rent and CHF 6,000.-- as damages for the alleged continued use of the leased property after the end of the lease.
The Rent Court of the Horgen District Court dismissed the claim due to lack of sufficient substantiation. The High Court of the Canton of Zurich partially overturned the judgment and referred the matter back to the Rent Court for further proceedings and a new decision.
The appellant requested that the first-instance judgment be declared null and void and his claim be fully approved. The respondent requested that the appeal be dismissed.
Considerations
The Federal Court examined whether the first-instance judgment was null and void due to lack of a valid signature. The lower court had found that the judgment had been signed by a person not involved in the proceedings. The Federal Court found that the signature of a member of the court is a requirement for validity, but in this case, there was no nullity of the judgment since the court clerk had signed the judgment and the lack of signature of a member of the court involved in the decision did not lead to nullity.
The Federal Court further examined whether the appellant had sufficiently substantiated the remaining…