Kernrechtsfrage
Whether the lease termination of 26 April 2002 violated Art. 271(1) CO as contrary to good faith.
Extrahierter Entscheid
No. The real motive was a legitimate desire to end a favorable, below-market tenancy after the relationship between the parties had seriously deteriorated.
Extrahierte Begründung
A false or incomplete stated reason does not by itself invalidate a notice. Only the real motive matters, and a termination to obtain a higher non-abusive rent, especially after a serious personal rift in a favor-rent family lease, is not abusive.