Questão jurídica principal
Whether Art. 253b para. 3 CO excluded the tenancy court's jurisdiction because the apartment was state-subsidized and subject to authority control.
Decisão extraída
Art. 253b para. 3 CO did not apply because the apartment did not benefit from state encouragement measures; therefore the tenancy court was competent.
Fundamentação extraída
The two requirements of Art. 253b para. 3 CO are cumulative: state encouragement measures and rent control by an authority. Although the building was an HLM building, the specific apartment had no public subsidies; the lease documents expressly removed state aid references and the cantonal authority confirmed that the apartment was not subsidized.