Key legal question
Whether the cantonal court arbitrarily found that no agreement on a net living area of 109 m2 had been proven
Extracted holding
The tenants failed to show that the lease included a binding promise of a net living area of 109 m2.
Extracted reasoning
The evidence relied on by the tenants did not compel that conclusion; the approximate wording, unclear measuring method, and the tenants' own statements supported the view that no sufficiently definite agreement on area existed.