Refusal to extend the lease for the owner's needs

Facts

The dispute opposes August Stierli, tenant, to Wilhelm Maurer, owner of a building located Blumenfeldstrasse 51/Mühleackerstrasse 65 in Zurich. The tenant occupied workshops and storage rooms since 1964. The owner terminated the lease on October 29, 1971, citing a personal need. The tenant requested a two-year extension of the lease under Article 267a of the Code of Obligations (CO). The cantonal courts rejected the request, considering that there was a real need of the owner.

The key facts are as follows

• The owner terminated the lease without motivation.
• The tenant requested an extension of the lease under Article 267a CO.
• The cantonal courts rejected the request, considering that there was a real need of the owner.

Considerations

The decision of the Federal Court is based on the interpretation of Articles 267 and 267c of the Code of Obligations. The Federal Court considered that the termination of the lease does not need to be motivated, it is sufficient that the owner declares to want to terminate the lease contract at an authorized term and that the termination reaches the other party before the start of the notice period.

The Federal Court also considered that the owner's need must be proven. The owner must demonstrate that he has serious reasons to claim the premises for his own needs. In this case, the owner demonstrated that his business required more space due to the…