Question juridique clé
Whether the rent default notice was validly notified through the tenant’s lawyer and the rent was therefore unpaid at expiry of the grace period.
Solution extraite
The notice could validly be received by the tenant’s lawyer under passive representation; the rent was not paid within the grace period.
Motifs extraits
The tenant did not sufficiently contest the lawyer’s power to receive the notice below; raising this only before the Federal Tribunal was a new, inadmissible fact. In any event, the Federal Tribunal rejected a rule delaying the grace period until the tenant personally receives the notice, because it would create insecurity and abuse and would undermine Art. 257d CO.