Questione giuridica chiave
Whether the tenant was entitled to withhold/deposit the later half-year rents because of fire-safety defects and related damage claims.
Decisione estratta
The appeal could not succeed; the cantonal court's finding that the defects caused the tenant to leave, and that rent reduction plus damages exceeded the deposited sums, stood.
Motivazione estratta
The appellant's challenge attacked the factual assessment and did not show a violation of Art. 8 ZGB. Evidence law does not guarantee additional proof once the court is already convinced. The cantonal court's damage calculation was not sufficiently contested and, even on the appellant's own assertions, did not lead to a better result for it.