Questione giuridica chiave
Whether the warning notice under Art. 257d CO was valid despite a very short payment deadline and insufficient identification of the arrears.
Decisione estratta
No. A five-day deadline for a residential lease was too short, and the notice did not sufficiently identify the rents claimed by month; it was therefore ineffective.
Motivazione estratta
Under Art. 257d CO the tenant must receive at least 30 days for residential leases, and the notice must make the claimed debt determinable without discussion. Non-compliance deprives the notice of effect and prevents eviction.