Facts
On April 4, 2011, the landlord A. AG concluded a tenancy agreement with the tenants B.B. and C.B. for a 7-room apartment and a garage parking space in V. at a total net rent of CHF 2,665.--. In December 2020, the landlord demanded that the tenants pay outstanding rent and ancillary costs totaling CHF 13,050.-- and terminated the tenancy without notice, after only partial payments of CHF 5,670.-- had been received.
By claim dated March 2, 2021, the landlord applied to the District Court of Aarau for the eviction of the tenants from the rented premises. The District Court did not enter into the eviction request, as the objections of the tenants (alleged defects in the rented property, plea of set-off) could not be immediately refuted. The High Court of the Canton of Aargau dismissed the landlord's appeal.
Considerations
The Federal Supreme Court sets aside the decision of the High Court and remands the case for a new assessment to the lower instance. The lower instance has violated Art. 257 CPC, by not entering into the eviction request in the summary proceedings based on the tenants' unfounded plea of set-off against overpaid ancillary costs.
The landlord has provided evidence of the agreed ancillary cost lump sum of CHF 260.-- by submitting the tenancy agreement signed by both parties. The tenants were unable to refute this…