Facts
The appellant [X.] and the landlord [Y. AG] concluded two lease agreements on 9 December 2005. On 3 August 2011, the landlord terminated the lease agreements. On 5 October 2011, the landlord filed an eviction request against the tenant with the single judge at the District Court of Höfe. The Cantonal Court of Schwyz dismissed the tenant's appeal against the eviction order.
The tenant filed a civil law appeal with the Federal Supreme Court. He argued that the lower court had wrongly assessed the eviction request in summary proceedings and thereby violated federal law.
Considerations
The Federal Supreme Court partially upheld the appeal. It stated that under the CPC (ZPO), a tenant eviction can only be ordered in summary proceedings if the requirements of Art. 248 lit. b in conjunction with Art. 257 CPC are met, i.e. if it is a clear case. The lower court had based the applicability of the basic form of summary proceedings under Art. 248 lit. a in conjunction with Art. 252-256 CPC on cantonal law and thereby failed to recognize the requirement of a…