Landlord's Eviction Based on Improper Termination Notice for Commercial Sheep Stable Tenancy
Legislator summary
AI generatedThe court reviewed a landlord's termination of a six-year-plus-one-year contract for a sheep stable, which the tenant claimed was a commercial lease requiring a mandatory official form for termination. The court determined that the tenant's sheep breeding and sale activity, even if not the primary occupation, constituted an economically gain-oriented business operation because a significant portion of the animals were sold for slaughter, distinguishing it from mere hobby use previously deemed not to require the formal notice provision. Therefore, because the landlord failed to use the required official form for the termination of this commercial tenancy, the appeal against the eviction order was granted, and the claim was dismissed.
Legislator headnote
AI generatedArt. 266l OR; Landlord's Eviction Based on Improper Termination Notice for Commercial Sheep Stable Tenancy: The court determined that the tenant's sheep breeding and sale activity, even if not the primary occupation, constituted an economically gain-oriented business operation because a significant portion of the animals were sold for slaughter, distinguishing it from mere hobby use previously deemed not to require the formal notice provision. Therefore, because the landlord failed to use the required official form for the termination of this commercial tenancy, the appeal against the eviction order was granted, and the claim was dismissed.
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AI generatedKey legal questions extracted by Legislator
AI generatedThe court relied on this provision as the ground for dismissing the eviction application, as it governs the termination of business leases requiring the official form.
Full text
Rechtsprechung Luzern
Instanz: · Obergericht
Abteilung: · I. Kammer
Rechtsgebiet: · OR (Obligationenrecht)
Entscheiddatum: · 06.11.2007
Fallnummer: · 11 07 121
LGVE: · 2007 I Nr. 19
Leitsatz: · Art. 266l OR. Kündigung eines Stalls zur Unterbringung von Schafen (Geschäftsmiete mit Formularzwang).
Rechtskraft: · Diese Entscheidung ist rechtskräftig.