Facts
The tenant [D.] rented an apartment from the landlords A.A. and B.A. The landlords terminated the tenancy on January 18, 2013 without stating a reason. [D.] contested the termination with the conciliation authority, but the Zurich Rental Court ruled that the termination was not abusive. This judgment of October 23, 2014 remained unchallenged.
Later, [D.] filed a claim for damages against A.A. on the grounds that the asserted own use was a pretext. The Rental Court and the High Court of the Canton of Zurich partially upheld the claim. A.A. then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal and dismisses D.'s claim for damages. It states that the legally binding finding in the previous termination protection proceedings, that the termination was not abusive, is binding for the damages proceedings. A re-assessment of the question of whether the asserted own use was a pretext is not permissible.
The Federal Supreme Court notes that the legal…