477
=S=> BGB 543. 1 Each party to the contract may terminate the lease for cause without notice for a compelling reason . A compelling reason is deemed to obtain if the party giving notice , with all circumstances of the individual case taken into account , including without limitation fault of the parties to the contract , and after weighing the interests of the parties , cannot be reasonably expected to continue the lease until the end of the notice period or until the lease ends in another way .
=S=> BGB 543. 2 A compelling reason is deemed to obtain in cases including without limitation where the lessee is not permitted the use of the leased property in conformity with contract , in whole or in part , in good time , or is deprived of this use , the lessee violates the rights of the lessor to a substantial degree by substantially endangering the leased property by neglecting to exercise the care incumbent upon him or by allowing a third party to use it without authorisation , or the lessee a)is in default , on two successive dates , of payment of the rent or of a portion of the rent that is not insignificant , or b)in a period of time spanning more than two dates is in default of payment of the rent in an amount that is as much as the amount of rent for two months . In the case of sentence 1 no . 3 , termination is excluded if the lessor has by then obtained satisfaction . It becomes ineffective if the lessee has succeeded in discharging his debt by set-off and declares set-off without undue delay after notice of termination is given .
=S=> BGB 543. 3 If the compelling reason consists in the violation of an obligation under the lease , then the notice of termination is only permitted after the expiry without result of a reasonable period specified for the purpose of obtaining relief or after an unheeded warning notice . This does not apply if a notice period or a warning notice obviously shows no chance of succeeding , immediate termination for special reasons is justified , weighing the interests of both parties , or the lessee is in default of payment of rent within the meaning of subsection ( 2 ) no . 3.
=S=> BGB 543. 4 Sections 536b and 536d are to be applied with the necessary modifications to the right to notice of termination to which the lessee is entitled under subsection ( 2 ) no . 1. If it is in dispute whether the lessor granted use of the leased property in good time or provided relief prior to expiry of the period specified for this purpose , then he bears the burden of proof .
|
