Kernrechtsfrage
Whether the tenants could defeat eviction by setting off unpaid rent against disputed damage claims stemming from defects in the leased house.
Extrahierter Entscheid
No. In proceedings based on Art. 257d CO, a tenant cannot validly raise set-off with a disputed claim for damages; the tenant must use the statutory rent-deposit remedy instead.
Extrahierte Begründung
The asserted counterclaims were disputed and consisted of damages claims for defects in the leased property. Under established case law, such claims do not permit set-off against overdue rent in a termination for default.