Questione giuridica chiave
Whether the tenant owed occupation indemnity and restitution damages after the lease ended.
Decisione estratta
Yes. Once the lease had ended, the tenant had to return the premises, keys and removable objects; continued occupation justified compensation based on the agreed rent and reimbursement of the landlord's cleanup-related expenses.
Motivazione estratta
Restitution under Art. 267 para. 1 CO requires returning the keys and emptying the premises. Non-restitution constitutes contractual breach and triggers damages under Art. 97 CO; the indemnity is assessed by reference to the contractual rent without needing proof of immediate reletting.