Facts
The case concerns a tenant, S., who has rented an apartment and a garage from Foundation A. since 1987. In December 1993, S. requested the landlord to reduce the rent due to a decrease in mortgage interest rates. As the landlord refused, S. filed a claim for rent reduction with the Conciliation Authority of the District of Zurich in March 1994. However, the Conciliation Authority did not consider the request, as S. had not complied with the legally prescribed 30-day deadline for submitting the request for rent reduction to the landlord.
S. then filed a nullity appeal against the decision of the Conciliation Authority with the Rental Court of the District of Zurich. The Rental Court essentially dismissed the appeal. S. subsequently filed a civil nullity appeal against the decision of the Rental Court with the Federal Supreme Court.
Considerations
The Federal Supreme Court explains in its reasoning that according to Art. 270a para. 2 CO, the tenant who wishes to have the rent reduced must first submit a corresponding request in writing to the landlord and allow the landlord 30 days to respond. Only if the landlord does not comply with the request or responds only partially or not within the deadline, can the tenant call upon the Conciliation Authority.
In the present case, it is undisputed that S. did not comply with the 30-day deadline for submitting the request for rent reduction to the landlord.…