Facts
In this case, the estate of [X.] (Plaintiff) rented a 4-room apartment in Zurich to [A.] (Defendant) on 31 August 2003 and 9 September 2003. The Plaintiffs terminated the tenancy as of 31 March 2005 using the official form dated 25 October 2004. The Defendant contested the termination with the Conciliation Authority of Zurich. The Conciliation Authority, by decision of 25 February 2005, confirmed the validity of the termination as of 31 March 2005 and extended the tenancy agreement once and definitively until 30 June 2005.
The Plaintiffs then approached the Rental Court of Zurich on 4 April 2005 and requested that the extension granted by the Conciliation Authority be fully rejected. However, on 15 June 2005, the Plaintiffs withdrew their claim. On the same day, the Defendant requested the Rental Court of Zurich to extend the tenancy agreement - based on a valid and effective termination as of 31 March 2005 - once and definitively until at least 31 March 2007. The Rental Court of Zurich recorded the proceedings as settled due to the withdrawal of the claim and did not enter into the Defendant's "second claim".
The Defendant appealed the decision of the Rental Court to the High Court of the Canton of Zurich. The High Court dismissed the appeal and confirmed the contested decision. The Defendant then filed an appeal against this decision with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the Defendant's appeal. It stated that the Defendant, as the partially unsuccessful party in the conciliation proceedings, should have called upon the judge within 30 days in accordance with Art. 273 para. 5 and Art. 274f para. 1 CO. Since he only did so after the expiry of this deadline with his "second claim", this claim was inadmissible. The High Court…