Question juridique clé
Whether termination for rent arrears was abusive or contrary to good faith under Art. 271 CO
Solution extraite
No. The arrears were not insignificant, payment came only after the warning period, and no special circumstances made the notice abusive.
Motifs extraits
Abuse of right is exceptional in cases of termination under Art. 257d CO. The court found none of the recognized indicators of abuse, and humanitarian hardship alone is irrelevant under federal lease law.