Facts
The defendants rented an apartment from the plaintiffs in 1989. On November 8, 1991, the landlords notified the tenants of a rent increase effective April 1, 1992. The tenants contested this rent increase. The Cantonal Court declared the rent increase null and void, while the High Court considered it formally valid. The defendants appealed against this judgment.
Considerations
The Federal Court decided that the use of a form created by the landlord that meets the requirements of Art. 19 VMWG is only permissible if it has been approved by the competent cantonal authority. Art. 269d CO expressly requires that the rent increase must be communicated on a form approved by the canton.
The Federal Court justifies this with the purpose of Art. 269d CO, to show the tenant the legal recourse and to ensure that he can assess his chances of contesting the announced rent increase as easily as possible. Only the use of an official or canton-approved form can guarantee that all the information required…