Questão jurídica principal
Whether the alleged floor contamination constituted a serious defect justifying immediate termination under Art. 259b lit. a OR
Decisão extraída
The defect was not shown to be serious enough to make the agreed use objectively intolerable.
Fundamentação extraída
The court deferred to the lower court's assessment: the tenant waited a long time after the reports, remained in the premises after the complaint, and the evidence did not establish that the chemical emissions made the premises unusable within the meaning of a serious defect.