Question juridique clé
Whether a tenant may be required under Art. 39a LGL to remain in a cheaper flat despite a major inconvenience caused by her health condition.
Solution extraite
No. The same rule that does not compel a tenant to accept a cheaper exchange when it causes major inconvenience also does not require the tenant to stay in the former flat when remaining there would cause such inconvenience.
Motifs extraits
The inability to install furniture necessary to mitigate allergic conditions, in particular a proper bed, amounted to a serious inconvenience. That justified moving to a larger flat even though it was more expensive.