Question juridique clé
Whether the lease notice was voidable as a protected retaliatory notice under Art. 271a(1)(e) CO.
Solution extraite
Yes. The notice was given within three years after the landlord had lost a prior judicial dispute concerning the lease, so it was voidable.
Motifs extraits
The earlier expulsion case ended with a final judgment against the landlord. The challenged notice was served less than three years later, and no exception to the protection period applied.