Question juridique clé
Whether the cantonal court violated the tenant-friendly evidentiary rules by refusing additional proof measures on market rent comparables.
Solution extraite
No. The court could, by anticipated assessment of evidence, refuse further measures because the landlord had not produced complete and sufficiently comparable data.
Motifs extraits
Art. 274d para. 3 CO imposes a social inquisitorial duty but not an unlimited duty to investigate. The landlord had already produced extensive documentation and could not shift to the court the responsibility to complete deficient comparables.