Questione giuridica chiave
Whether the lease termination served during pending related litigation was annulable under Art. 271a(1)(d) CO
Decisione estratta
Yes. A notice given while the parties are engaged in judicial proceedings relating to the lease is presumptively abusive, even if the landlord claims another motive, unless an exception under Art. 271a(3) CO applies.
Motivazione estratta
The pending action concerned rights arising from the lease relationship and the tenant's contractual duties toward neighbors. The statute covers all conciliation or judicial proceedings in relation to the lease, irrespective of their precise object, and the tenant need not prove a causal link between the litigation and the termination.