Questão jurídica principal
Whether the ordinary notice to quit was contrary to good faith under Art. 271 CO
Decisão extraída
Yes. The termination was abusive because the landlord's asserted interest was manifestly secondary compared with the tenant's strong need to remain in her home.
Fundamentação extraída
The court weighed the parties' interests and found a patent imbalance: the tenant was financially precarious, ill, isolated, and had lived there for over 23 years, whereas the owner's son had alternative housing and was mainly seeking a garden for his dog.