Kernrechtsfrage
Whether the renovation costs could be passed on as a rent increase under Art. 269a let. b CO and Art. 14 OBLF.
Extrahierter Entscheid
Yes. The works qualified as major repairs, and the cantonal court could apply the 50% value-added presumption.
Extrahierte Begründung
The works affected several major building components and cost far more than the annual rental income. The distinction between maintenance and value-adding work was difficult, so the simplifying presumption of Art. 14(1) OBLF applied. The chosen 50% share was within the statutory range and not reviewable to the tenants' benefit.