Questione giuridica chiave
Whether the planned replacement of sanitary pipes, bathroom equipment and kitchen fittings could reasonably be imposed on the tenants under Art. 260 CO together with Art. 257h CO.
Decisione estratta
No; the works were mixed maintenance and renovation works, but in the concrete circumstances they could not reasonably be imposed on the tenants. Only maintenance treatment of the pipes was allowed.
Motivazione estratta
The lower courts could weigh the intense and prolonged nuisances, the strong rent increase, the absence of present inconvenience for the tenants, the existence of a less intrusive maintenance alternative, and the reduced residual risk after prior partial renewal of the building's water network.