Partial Upholding of the Appeal against the Judgment of the Cantonal Court of Aargau regarding a Lease Contract

Facts

By a contract dated 17 July 1997, four Defendants rented a 6-room single-family house from two Plaintiffs. In the winter of 1997/98, the tenants complained about the inadequate heatability of the house and the insufficient thermal insulation. They terminated the lease contract without notice, which the landlords did not accept. The landlords sued for payment of rent arrears and damages. The Cantonal Court ordered the Defendants to pay CHF 12,723.-- plus interest, as it classified the defects as moderate and considered the termination without notice as unjustified.

Considerations

The Federal Court partially upholds the appeal

- It considers the termination without notice as legally ineffective, as the requirements under Art. 259b CO were not met. The tenancy therefore ended regularly on 30 June 1998.

- Regarding a possible reduction of the rent pursuant to Art.…