Kernrechtsfrage
Whether notice of termination for rent default under Art. 257d CO was annulable as retaliatory under Art. 271a(1)(a) CO.
Extrahierter Entscheid
In principle such a notice can be challenged, but on the established facts no exceptional circumstances justified annulment as retaliation.
Extrahierte Begründung
A tenant who has asserted claims for defects can avoid default by consigning rent under Art. 259g CO. The record did not establish circumstances making the termination abusive, and the lower court had not fully found the facts needed to assess default and good faith.