Kernrechtsfrage
Whether the tenant could challenge the initial rent under Art. 270(1)(a) CO because she was under compulsion to sign a new lease.
Extrahierter Entscheid
Yes, a tenant may be under compulsion when the former lease was terminated and the remaining time to find housing was unreasonably short, but the tenant here had largely caused her own predicament and could not rely on that ground.
Extrahierte Begründung
The court held that compulsion under Art. 270(1)(a) CO depends on all circumstances. Although the tenant had less than a month after an ultimative extension and Lausanne's rental market was difficult, she waited too long to search, limited herself to one neighborhood, and undertook almost no serious search efforts.