Questione giuridica chiave
Whether the lease termination for rent default was contrary to good faith under Art. 271 CO.
Decisione estratta
Yes. The termination was abusive because the landlord had deferred a promised compensation for defects while demanding full rent and knew the tenant disputed the balance due.
Motivazione estratta
The court held that Art. 271 CO also applies to terminations under Art. 257d CO. Here, the landlord exploited the uncertainty created by defects and a deferred indemnity, refused to clarify the amount, and required payment of sums that were not admittedly due, which made the notice inconsistent with good faith.