Questão jurídica principal
Whether the lease terminations were voidable despite being given within the three-year protection period after a conciliation settlement.
Decisão extraída
The terminations were ultimately valid because the landlords proved an urgent personal need to use the premises themselves.
Fundamentação extraída
Although Art. 271a CO normally protects the tenant after a settlement, that protection does not bar a termination motivated by the landlord's serious, concrete and current personal need under Art. 271a para. 3 let. a CO. The tenant's challenge based on late-filed medical evidence failed because the appellate court should not have admitted it under Art. 317 para. 1 let. b CPC, but the termination could still be upheld on the basis of properly admitted evidence showing the landlord's severe health condition and need to return to Switzerland.