Facts
The spouses S. [S.] and R. [S.] rented a restaurant from X. from April 1, 1980, for a period of seven years, with an option to extend for five years. The initial rent was 36'000 CHF per year. An amendment of June 2, 1982, modified the rent to 54'000 CHF per year until March 31, 1987, then to 65'000 CHF per year. The tenants paid the rents without reserve until March 1991, at which time they informed the owner that they considered the rent increases to be null and void and demanded reimbursement of the excessive amounts paid. The Zurich rent court granted their request, but the Zurich cantonal court of appeal dismissed their appeal.
The spouses S. [S.] and R. [S.] filed a revision appeal with the Federal Court, which rejected their request.
Considerations
The Federal Court examined the question of whether the modification of the lease agreement of June 2, 1982, was null and void due to the lack of an official form. It considered that the form of the modification of the lease agreement did not comply with the legal requirements, but that the tenants had acted abusively by invoking this irregularity after paying the rents without reserve for several years.
The Federal Court also examined the question of abuse of right and considered that the tenants had acted abusively by invoking the nullity of the modification of…