Questione giuridica chiave
Whether the tenant was in default justifying termination under Art. 257d CO
Decisione estratta
Yes. The notice period expired without full payment; late consignment did not cure the default.
Motivazione estratta
The tenant had paid nothing for March and April 2001 despite claiming only a 50% reduction. No clear declaration of set-off was made within the deadline, so the debt was not extinguished.