Legislator Case Law & Legislation
11 07 121 • KG LU 11 07 121 AI generated

Landlord's Eviction Based on Improper Termination Notice for Commercial Sheep Stable Tenancy

Case Number 11 07 121
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed
Court Costs Borne by public authority

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
termination of lease by landlord termination without notice business lease contract of sale farm rent commercial use

Cited Legislation

AI generated

Cited Case Law

AI generated
4C.425/1994
AI generated

Key legal questions extracted by Legislator

AI generated
Art. 266l OR

The 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.

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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.