Questione giuridica chiave
Whether the lease termination was abusive under Art. 271a CO because it was served during the tenant’s rent-reduction proceedings.
Decisione estratta
The termination was presumed abusive, but the landlords rebutted that presumption by proving an urgent family need.
Motivazione estratta
The Federal Court held that the lower courts found the factual ground for the termination and the rebuttal of the presumption by evidence assessment, which cannot be re-litigated in reform proceedings.