Question juridique clé
Whether the rent-default notice and termination under Art. 257d CO were validly notified despite returned registered mail marked 'unclaimed'.
Solution extraite
Yes. The landlord proved proper registered dispatch; the tenant failed to show irregular postal delivery. The fiction of notification after the postal holding period applied.
Motifs extraits
The tenant was in arrears and had to expect a notice. The December 2007 problems with ordinary mail did not prove that registered-mail pickup notices were not placed in the mailbox in June and July 2007.