Facts
The case concerns a lease agreement for a 3-room apartment, which the tenant (appellant) concluded with the landlord (respondent). The lease agreement stipulated that the apartment was to be used "exclusively for residential purposes". The tenant later transferred the apartment free of charge to his brother and a friend to provide them with accommodation. The landlord then wanted to terminate the lease agreement prematurely, as he was of the opinion that the tenant was not using the apartment in accordance with the contract.
Considerations
The Federal Supreme Court concluded that the tenant was using the apartment in accordance with the contract by transferring it to his brother and a friend. In the absence of a contrary agreement in the lease agreement, the tenant is not obliged to reside in the apartment himself. The gratuitous transfer to family members and friends does not constitute a breach of contract and does not entitle the landlord to terminate the lease prematurely.
The Federal Supreme Court also stated that the…