Key legal question
Whether the lease termination under Art. 257d CO was invalid because it was sent on the last day of the warning period and received the next day.
Extracted holding
The termination was not invalid; a notice sent on the last day of the warning period can be effective if the tenant does not pay by the deadline, with its effects postponed to satisfy the statutory notice period.
Extracted reasoning
Termination is a receipt-based act, but the landlord had granted more than thirty days, and the tenants did not pay by the deadline. The court followed earlier precedent allowing an anticipatory notice to take effect conditionally once default persists at expiry.