Question juridique clé
Whether the lease termination for default under Art. 257d CO was valid despite the long delay before the rent was demanded.
Solution extraite
The landlord was entitled to invoke the default procedure; the claim was not time-barred and the delay before the reminder did not make the termination abusive.
Motifs extraits
A termination for default is only exceptionally abusive under Art. 271 para. 1 CO. Here, the landlord did not wait after the warning to terminate; the relevant delay concerned the period before the reminder. Since the rent claim was still within the five-year limitation period of Art. 128 no. 1 CO, the landlord could hardly be reproached for acting in bad faith. The unpaid amount was not insignificant, and no special circumstances justified treating the termination as contrary to good faith.