Landlord Liability for Outdated Ventilation System vs. Tenant Knowledge and Contractual Terms

The dispute arose from tenants operating a bar/restaurant in a circa 50-year-old building who sought to compel the landlord to install a ventilation system meeting specific performance and noise standards, along with a 25% rent reduction, alleging a defect under Articles 256 and 258 of the Code of Obligations. The court reasoned that a defect is defined as a deviation from the contractually agreed or reasonably expected condition for the intended use, taking into account the age and rent; since the tenants were aware of the existing, functional ventilation system at the contract's outset and had even agreed to perform renovations at their own expense, they failed to prove a worsening of the condition since then. Furthermore, a contractual clause obligating the landlord to ensure operational prerequisites under public law only guaranteed that no public regulations prevented the use as a bar/restaurant—a condition that was met, as the business permit was issued without restrictions—rather than guaranteeing compliance with updated technical standards, thus leading to the rejection of the tenants' claims for repair and rent reduction.