Residential Lease Scope for Ancillary Parking Space Termination

The court considered the applicability of provisions concerning the lease of residential and commercial premises (Art. 253a OR) to ancillary items leased alongside them, stemming from a situation where a landlord terminated the lease for an open parking space that the tenant used for her private tutoring business, while the tenant also leased an apartment and a covered parking spot from the same landlord under separate agreements. The court reasoned that the existence of identical parties, an identical start date for all three contracts, and a clear functional dependency between the apartment (main item) and the open parking space (ancillary item) indicated a single, unified lease agreement, despite the existence of separate contracts, thereby rendering the termination of the parking space alone an impermissible partial termination and thus ineffective.