Facts
This decision concerns a dispute between a landlord (X. and Y.) and a tenant (Z.) regarding the deposit of rent due to defects affecting the leased property. The tenant deposited with the competent authorities the net rent as well as the ancillary costs for June 1996. However, the lower court considered that there was a delay in payment by the tenant within the meaning of Art. 257d CO and validated the termination of the lease for this reason, on the grounds that the deposit of the ancillary costs was not provided for in Art. 259g CO, which would only allow the deposit of the net rent.
Considerations
The Federal Court considers that Art. 259g CO allows the tenant to deposit the entire agreed rent, including the ancillary costs, when the latter are payable periodically and on a lump-sum basis with the net rent. In this case, the ancillary costs are an integral part of the "rent" within the meaning of Art. 259g CO and can be deposited under the same conditions as the net rent. The deposit aims to allow the tenant to put pressure on the landlord to obtain the repair of the…