Question juridique clé
Whether a termination under Art. 257d CO is invalid because the warning period set by the landlord was shorter than 30 days, although the landlord waited the full statutory period before terminating.
Solution extraite
No. The tenant and spouse abused rights by relying on the short warning period where neither intended to pay the arrears within 30 days and the landlord otherwise respected the statutory termination period.
Motifs extraits
Art. 257d CO is meant to give a final chance to cure default. Relying on a shorter notice period is contrary to the purpose of the rule and to good faith when payment was never intended; the landlord may be treated as having effectively granted the statutory period.