Facts
The dispute opposes company X., owner of a four-room apartment in Porrentruy, to Ms. [G.], tenant of this apartment. The management company P. SA, mandated by X., demanded that the tenant pay 1,375 fr. by registered letter of February 18, 1993, threatening to terminate the lease in case of non-payment. The tenant refused to pay the 286 fr. claimed and paid the rent for December 1992 before the letter was sent. On April 5, 1993, X. terminated the lease agreement for May 31, 1993. The tenant paid the amount of 286 fr. in two installments on April 30 and May 4, 1993.
The Rent and Lease Tribunal of the district of Porrentruy annulled the notice served, but the Civil Court of the Cantonal Court of the canton of Jura found the notice to be valid. The Federal Tribunal admitted the appeal for reform lodged by Ms. [G.] and annulled the disputed notice.
Considerations
The Federal Tribunal examined whether the notice served by X. was contrary to the rules of good faith. According to art. 271 al. 1 CO, the notice is annulable when it contravenes the rules of good faith. The Court considered that the owner who threatens their tenant with termination for non-payment of a due term or accessory fees, before having acquired the certainty that the tenant owes the claimed amount, behaves in a manner contrary to good faith.
The Court also considered that the claimed amount of 286 fr. could not be qualified as insignificant, but that the owner had claimed payment of 1,375 fr. when only 436 fr. were due. The Court estimated that the owner…