Facts
The case concerns a tenancy agreement between [A. AG] as the landlord and [B.] as the tenant. The landlord terminated the tenancy agreement several times, first on 30 October 2003 and 25 November 2003 based on Art. 257f CO (Tenant's Duty of Care and Consideration) and on 8 December 2003 based on Art. 257d CO (Tenant's Payment Arrears). The tenant contested the terminations with the conciliation authority. The landlord filed an eviction request against the tenant. The High Court of the Canton of Zurich overturned the decision of the single judge and found that the three terminations by the landlord were invalid. The landlord's eviction request was rejected.Considerations
The Federal Supreme Court confirmed the decision of the High Court. Regarding the termination of 30 October 2003 based on Art. 257f CO, the Federal Supreme Court stated that although a reminder had been issued, there was no such serious breach of duty by the tenant that continuing the tenancy would have been unreasonable. Regarding the termination of 8 December 2003…