Dismissal of the tenant's appeal against the increase in the initial rent

Facts

- The dispute concerns a 3.5-room apartment in Fribourg, rented by Y. to X. from January 11, 2007 for a monthly rent of 1,550 CHF, excluding charges. - The tenant X. brought the case before the Conciliation Commission and then the Rental Tribunal to request a reduction of the initial rent, which she considered too high. - The cantonal courts dismissed the tenant's claim, considering that the legal conditions to challenge the initial rent were not met. - The tenant appealed to the Federal Tribunal, which ultimately dismissed her appeal.

Considerations

The Federal Tribunal considered that the conditions set out in Art. 270 para. 1 CO for the tenant to challenge the initial rent were not met in this case:

• The housing shortage in the canton of Fribourg, although noted by the cantonal authorities, was not sufficiently established to consider that the tenant had been forced to conclude the lease due to the situation of the local market (Art. 270 para. 1 let. a 2nd hypothesis…