Question juridique clé
Whether the 26/28 December 1997 agreement was a new lease or only a rent increase requiring the official form under Art. 269d OR.
Solution extraite
The agreement created a new rent fixation within a renewed contractual arrangement; it was not a unilateral rent increase subject to the official-form requirement.
Motifs extraits
The original lease was linked to the employment relationship and included an undefined wage component/rent rebate. After the employee left work and the tenancy continued, the parties had to newly determine the rent because a contractual gap existed for that situation. The 1997 agreement therefore fixed the rent anew, rather than increasing an existing rent.