Facts
Fritz Zeller had leased a building belonging to the Bauverein Oekolampad in Basel to operate a tire business. The lease, concluded on 1 July 1965, was scheduled to run until 30 June 1972, with the possibility of annual termination starting 30 June 1973. On 3 July 1970, the Bauverein Oekolampad terminated the lease effective 30 June 1973. On 19 July 1972, Zeller brought an action before the President of the Civil Court of Basel-City to have the termination declared invalid and, subsidiarily, to obtain a two-year extension of the lease.Considerations
The Federal Tribunal considers that the termination of the lease by the Bauverein Oekolampad was valid. According to Art. 267a para. 3 CO and the related transitional provision, the tenant had to file his request for extension within 30 days of receiving the termination, i.e. by 18 January 1971 at the latest. However, Zeller filed his request only on 19 July 1972, i.e. out of time. The Federal Tribunal rejects the tenant's argument that, in the event of early termination by the landlord, the deadline for filing the extension request should only start running from the end of the originally planned lease. Such an interpretation is not in line with the wording of the law and could lead to undesirable consequences, such as the landlord no longer being able to freely dispose of the leased property.
The…