Questione giuridica chiave
Whether the extraordinary lease termination for unauthorized subletting was valid without a prior written warning.
Decisione estratta
The termination was ineffective because the statutory prior written warning under Art. 257f CO was not given, and the tenant's reliance on that defect was not abusive.
Motivazione estratta
Unauthorized subletting can justify extraordinary termination, but a written warning is generally required. The circumstances did not make a warning manifestly useless, and the tenant's conduct did not amount to an abuse of rights that would bar him from invoking the defect.