Questão jurídica principal
Whether the notice of default under Art. 257d CO was valid despite tenants' challenge to the arrears calculation.
Decisão extraída
The reminder was sufficiently clear and the tenants were in arrears for two monthly rents when the notice was sent; the termination condition was met.
Fundamentação extraída
Under Art. 257d CO the rent must be due and unpaid. The amount need not be mathematically detailed if the arrears are determinable. The cantonal findings showed an arrear of CHF 10,118, corresponding to two monthly rents, and the tenants' factual challenge was inadequately substantiated.