However, the terminating party must give reasons for the termination if this is requested by the other party. An inadequate statement of reasons may be an indication that there is no interest worthy of protection in the termination.
If the stated reason for termination is only an excuse and the true reason for the termination cannot be established, it is deemed to be in breach of good faith. It is up to the recipient of the notice of termination to prove that the termination is in breach of good faith.
Avoidable night-time noise that regularly deprives other tenants of sleep is not part of the normal use of a rented flat. This means that an ordinary termination due to night-time noise is not abusive if the tenant causing the noise does not limit their night-time activities to a normal volume despite complaints from other tenants. However, a written reference to the house rules and the legal duty of care and consideration on the part of the landlord should be made in advance and evidence should be secured to justify the termination.
Consequently, nocturnal noise nuisance is a permissible reason for ordinary termination by the landlord or landlady. In addition, extraordinary termination is possible in accordance with Art. 257f para. 3 CO if the tenant continues to violate their duty of care and consideration despite a written warning.
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