Question juridique clé
Whether the tenant remained bound to restore the premises to their original condition despite a proposed substitute tenant
Solution extraite
Yes. The lease was mutually terminated on 31 October 2006, so no substitute tenant could displace the tenant's contractual restoration duty.
Motifs extraits
The parties clearly agreed to an early termination rather than a mere return of the premises under Art. 264 OR; once terminated, all future lease obligations ceased, but the agreed restoration duty due at handover remained enforceable under Art. 260a Abs. 2 OR.