Question juridique clé
Whether the 12 March 2004 lease notice was void under the three-year retaliation ban of Art. 271a(1)(e) CO.
Solution extraite
The notice was not protected by the three-year retaliation ban and remained valid.
Motifs extraits
The earlier proceeding had effectively concerned a corrected attempt to end the tenancy after an earlier eviction action; the landlord was not acting out of revenge, so the purpose of Art. 271a CO did not apply.