Question juridique clé
Whether the protection against abusive rents under Art. 253a para. 1 CO extends to a garage rented by a different landlord than the dwelling.
Solution extraite
No. Art. 253a para. 1 CO requires that the dwelling and the accessory be rented by the same landlord to the same tenant; a separate garage lease with a different landlord is outside Arts. 269 ff. CO, absent manifest abuse of rights.
Motifs extraits
The court relied on the wording, the Federal Council message, and prevailing doctrine to hold that identity of the parties to both leases is a condition for treating the garage as an accessory under Art. 253a para. 1 CO. Same managing agent alone is insufficient.