Questione giuridica chiave
Whether the July and November 1996 lease notices were voidable as retaliatory notices under Art. 271a CO because they followed an earlier rent disagreement.
Decisione estratta
The notices were not annulled on that ground; there was no written settlement within the meaning of Art. 271a(2) CO and no reviewable basis to treat the notices as retaliation.
Motivazione estratta
The court held that Art. 271a(2) CO requires written proof of an actual amicable settlement resolving a disputed legal issue. The correspondence showed no binding agreement in force, and the findings on the landlord's motive were factual and not reviewable in reform proceedings.