Question juridique clé
Whether the lease termination for arrears was invalid as contrary to good faith under Art. 271 CO.
Solution extraite
On the facts found by the cantonal court, the termination was not abusive; the tenant had not paid the unpaid part of the rent and had not raised any offsetting counterclaim during the warning period.
Motifs extraits
The tenant’s submissions were largely appellatory and could not overturn the binding factual findings. Those findings showed a default under Art. 257d CO, and the tenant’s failure to invoke compensation or pay the undisputed balance justified termination.