Facts
The company A. Immobilien AG brought an action against the heirs of B. to obtain payment of compensation of 48,000 francs due to the renovations carried out by the previous tenant H. in the rented premises. The Zurich Tenancy Tribunal and the Cantonal Court of the Canton of Zurich dismissed the claim. A. Immobilien AG appealed against the judgment of the Cantonal Court.Considerations
The Federal Tribunal considers that Art. 260a para. 3 CO has a dispositive character, so that the tenant can validly waive in advance compensation for substantial added value. This interpretation is in line with the spirit and purpose of the provision, which aims to allow the parties to agree on the conditions under which the landlord accepts the renovations carried out by the tenant. A contrary interpretation, making Art.…