Facts
On 15 April 1972, real estate company X concluded a rental agreement with Y for premises in Zurich. The rent was payable quarterly and indexed. The contract provided for a fixed term until 30 September 1987. Y did not pay the rent for the fourth quarter of 1976, which led the real estate company X to grant him a 30-day payment period in accordance with art. 265 CO. Y deposited part of the rent in court and requested authorization to deposit the balance, but his request was rejected. The real estate company X then requested Y's expulsion, which was granted by the court of first instance but rejected by the cantonal court of appeal, which considered that the contract was a lease agreement and not a rental agreement.
The real estate company X appealed to the Federal Court, which admitted the appeal and ordered Y's expulsion.
Considerations
The Federal Court considered that the decision regarding the expulsion of a tenant was a final decision in a civil dispute, and not a simple enforcement measure. It also considered that the contract concluded between the parties was a rental agreement and not a lease agreement, as it only concerned the rental of premises and not the operation of a business.
The…