Kernrechtsfrage
Whether the appellate court violated the right to be heard by not treating the defective key pillar/door-opening mechanism as a relevant defect under Art. 259e OR.
Extrahierter Entscheid
No. The tenants were able to participate in the expert inspection and comment on the report; the omitted mechanism was not established by the expert as a technical defect or safety-standard deviation.
Extrahierte Begründung
The record showed that the parties took part in the evidence-taking, attended the site inspection, and could comment on the expert report. They did not request supplemental questions or a second expert opinion. The appellate court could therefore treat the alleged defect as unproven without violating Art. 29 BV.