Questione giuridica chiave
Whether the written warning and subsequent early termination satisfied Art. 257f(3) CO for unauthorized subletting.
Decisione estratta
The landlord’s 21 January 2002 letter was a sufficient written protest and warning; the tenants persisted in the breach, so the 6 February 2002 termination was valid.
Motivazione estratta
The tenants sublet without requesting consent, ignored the landlord’s request for subletting terms, and even denied the subletting at the hearing. Because consent could have been refused under Art. 262(2) a or b CO, the continued subletting made continuation of the lease intolerable in the sense of Art. 257f(3) CO.