Question juridique clé
Whether the notice of termination was contrary to good faith under Art. 271 CO
Solution extraite
Yes. Given the tenants' particularly vulnerable situation and the landlord's lack of urgency or demonstrated hardship, the notice created a manifest imbalance of interests.
Motifs extraits
A notice is abusive when it lacks an objective, serious and worthy interest or rests on a pretext. Although a notice to sell can be economically legitimate, the court found the landlord could sell another unit and had not shown any need to terminate this particular lease.