Kernrechtsfrage
Whether the landlord could proceed under the clear-case procedure of Art. 257 CPC
Extrahierter Entscheid
No; the decisive facts were disputed and could not be immediately proved.
Extrahierte Begründung
The documents produced did not establish with certainty whether rent arrears still existed when the notice was served, and the court could reasonably anticipate that witness and party testimony would not clarify the issue without delay.