Facts
R. and R. Z. rented a terrace apartment from F. On September 21, 1990, they were requested to pay the outstanding rent for August and September by October 22. Since the rent was not paid, F. terminated the rental agreement without notice effective December 1. The tenants contested the termination as abusive at the Conciliation Authority on November 30.
After a conciliation hearing on January 8, 1991, the parties agreed to extend the contract until the end of March, provided the outstanding and due rents were paid by January 15. As only the outstanding rents were paid, F. requested the eviction of the tenants from the Single Judge of the District of Höfe on January 24, 1991.
Considerations
The Single Judge declared himself competent to assess the contestation of the termination based on Art. 274g para. 1 CO and ordered the eviction on March 25, 1991, as F. had validly terminated the contract on December 1, since the payment of the rent for August and September by October 22 had remained unproven.
The Cantonal Court of Schwyz confirmed the eviction. The Federal Supreme Court found the decision of the Eviction Judge to be in accordance with federal law. It clarified that the jurisdiction of the Eviction Judge to assess the…