Facts
The [X. GmbH] (tenant) had rented a commercial premises at the Solothurn train station from [Y.] (landlord). In November 2009, the landlord reminded the tenant of outstanding rent and ancillary costs for September and October 2009 amounting to a total of CHF 5,745.80 and set a 30-day payment deadline in accordance with Art. 257d CO. The landlord threatened to terminate the tenancy agreement in accordance with the statutory provisions if the payment was not made within this deadline. The tenant then paid the outstanding monthly rent for October 2009, whereupon the landlord terminated the tenancy agreement without notice on 14 December 2009. The tenant successfully contested the termination with the conciliation authority, whereupon the landlord filed a claim with the District Court of Solothurn-Lebern for a declaration of the effectiveness of the termination and the eviction of the tenant. The Cantonal Court of Solothurn confirmed the effectiveness of the termination and ordered the eviction of the tenant.Considerations
The Federal Supreme Court considers the termination to be effective. In the reminder of 11 November 2009, the landlord had called on the tenant to pay the outstanding rent and ancillary costs within 30 days in accordance with Art. 257d CO and threatened termination "in accordance with the statutory provisions" in case of non-payment. Even though the landlord did not expressly refer to Art. 257d CO, it was clear from the letter to the tenant that an extraordinary termination was threatened if payment was not made within the deadline. The Federal Supreme Court therefore sees no violation of the formal requirements of Art. 257d CO. Furthermore, the termination of 14 December 2009 was not premature, even though it was issued on the last day of the…