Facts
On 1 April 1998, [A.] leased an apartment in Geneva. In 2003, X. became the owner of the building. In 1999, [A.] sublet the apartment to his son [B.] without the landlord's authorization. After the separation of [B.] and his wife [C.] in 2004, the accommodation was allocated to [C.] as part of protective measures for the marital union. In 2005, the management company summoned [A.] to reoccupy the apartment, without success. On 23 March 2006, X. terminated the lease prematurely effective 31 May 2006. [A.] contested the notice, which was declared valid by the Conciliation Commission and then by the Tenancy Tribunal. However, the Court of Appeal annulled the notice. X. then filed a civil law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court upheld the appeal. It considered that the subletting by [A.] without the landlord's authorization constituted an abuse of rights, insofar as [A.] no longer had the obvious intention to reoccupy the apartment, as demonstrated by his request to transfer the…