Facts
The plaintiff Beat [S.] rented a single-family house in Haldenstein to Jakob F., who then established a sublease relationship with the defendant Verena S. Beat [S.] asserted claims for damages against Verena [S.] due to delayed return and contamination of the rented property. The District Court of Plessur did not enter into the action, as the federal law provisions on jurisdiction under Art. 274a et seq. CO had to be observed and the locally competent court at the location of the property, and not the District Court of Plessur, was responsible. The plaintiff's appeal against this decision was dismissed by the Cantonal Court Committee of Graubünden.
Considerations
The Federal Supreme Court states that Art. 274b CO covers disputes arising from the tenancy relationship without defining this term independently. Therefore, the legal meaning of the norm must be determined. The Federal Supreme Court concludes that the federal jurisdiction regulations in tenancy law disputes also cover disputes arising from a sublease relationship, even if the parties not directly connected are involved. This results from the purpose of the procedural regulations, which is to facilitate the taking of evidence and the determination of local usage,…