Kernrechtsfrage
Whether the tenant must pay restoration costs exceeding normal wear and tear under Art. 267 CO
Extrahierter Entscheid
The tenant is liable only for damage exceeding normal wear and tear; several items had to be reduced or excluded, while many claimed costs were upheld because they resulted from deliberate damage or abnormal use.
Extrahierte Begründung
The Court held that the landlord bears the burden of proving damage beyond normal wear and tear under Art. 8 CC, and that repair costs must be calculated taking account of depreciation and the useful life of the installations. Some items were fully chargeable because they stemmed from intentional destruction or abnormal removal of fixtures; others had to be reduced according to residual value or excluded because they were already worn out.