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Dokument BGB Book 2 Law of Obligations
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117
=S=> BGB 536a. 1 If a defect within the meaning of section 536 exists when the lease agreement is entered into , or if such a defect arises subsequently due to a circumstance that the lessor is responsible for , or if the lessor is in default in remedying a defect , then the lessee may , notwithstanding the rights under section 536 , demand damages .
=S=> BGB 536a. 2 The lessee may remedy the defect himself and demand reimbursement of the necessary expenses if the lessor is in default in remedying the defect , or immediate remedy of the defect is necessary to preserve or restore the state of the leased property .