Questione giuridica chiave
Whether the tenants proved a rental defect consisting of excessive elevator noise
Decisione estratta
The tenants did not establish that the noise exceeded the tolerance threshold for a residential lease.
Motivazione estratta
The Court relied on the cantonal findings: the noise was perceptible but generally weak; a neighbor had adapted to it; the first-instance inspection did not reveal disturbing noise; and the official measurements did not show a violation of applicable norms. The tenants also waited about a year before complaining, which spoke against a qualifying defect.