Key legal question
Whether the extraordinary termination for rent arrears under Art. 257d OR was valid.
Extracted holding
The termination was valid because the tenant was in default of due rent, had been properly warned, and did not pay the outstanding amount within the deadline.
Extracted reasoning
The tenant owed at least CHF 217 for the first five months of 2005 based on the contractual minimum rent. The rent-reduction dispute did not suspend the existing lease, and the landlord was entitled to rely on the unpaid amount. No bad faith or unclear situation made the termination abusive.