Questione giuridica chiave
Whether the rent reduction had to be assessed by the absolute method using statistics and a fair market rent
Decisione estratta
No. A rent reduction under Art. 270a CO is generally assessed by the relative method; an absolute-method approach is only exceptional and was not justified here.
Motivazione estratta
The rent had been fixed by judicial settlement in 1994. More than eight years later was not, by itself, an exceptional situation. The tenant also failed to show five sufficiently comparable apartments. Official statistics do not replace the requirement of concrete comparables under Art. 11 OBLF.