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=U5= Sec549 -- Section 549 Provisions applicable to leases of residential space
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=S=> BGB 549. 1 Sections 535 to 548 apply to leases relating to residential space to the extent not otherwise stipulated by sections 549 to 577a.
=S=> BGB 549. 2 The provisions relating to rent increases ( sections 557 to 561 ) and to lessee protection upon termination of the lease as well as when residential property is created ( section 568 ( 2 ) , sections 573 , 573a and 573 d ( 1 ) , sections 574 to 575 , 575a ( 1 ) and sections 577 and 577a ) do not apply to leases of residential space that is leased only for temporary use , residential space that is part of the dwelling inhabited by the lessor himself and has largely to be furnished with furniture and fixtures by the lessor himself , provided that permission to use the residential space has not been given for permanent use to the lessee with his family or with persons with whom he maintains a joint household set up permanently , residential space that a legal person under public law or a recognised private welfare work organisation has leased to permit use by persons in urgent need of accommodation if , when the lease was entered into , it drew the attention of the lessee to the intended purpose of the residential space and to its exemption from the provisions referred to above .
=S=> BGB 549. 3 Sections 557 to 561 and sections 573 , 573a and 573d ( 1 ) and sections 575 , 575a ( 1 ) and sections 577 and 577a do not apply to residential space in a student hostel or a hostel for young people .
=U5= Sec550 -- Section 550 Form of the lease agreement
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=S=> BGB 550 If a lease agreement for a longer period of time than one year is not entered into in written form , then it applies for an indefinite period of time . However , termination is only allowed at the earliest at the end of one year after use of the residential space has been permitted .
=U5= Sec551 -- Section 551 Restriction and investment of rent security deposits
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=S=> BGB 551. 1 If the lessee must give the lessor a security deposit for the performance of his duties , then this security deposit , subject to subsection ( 3 ) sentence 4 , may amount at most to three times the rent for one month , exclusive of the operating costs shown as a lump sum or as an advance payment .
=S=> BGB 551. 2 If security is to be provided in the form of a sum of money , then the lessee is entitled to pay in three equal monthly instalments . The first instalment is due upon commencement of the lease .
=S=> BGB 551. 3 The lessor must invest a sum of money transferred to him as a deposit with a banking institution at the usual rate of interest for savings deposits with withdrawal notice of three months . The parties to the contract may agree on another form of investment . In either case the investment must be made separately from the assets of the lessor and the lessee is entitled to the income . It accrues to the security deposit . For residential space in a student hostel or a hostel for young people , there is no duty for the lessor to pay interest on the security deposit .
=S=> BGB 551. 4 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec552 -- Section 552 Warding off the right of removal of the lessee
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=S=> BGB 552. 1 The lessor may ward off exercise of the right of removal ( section 539 ( 2 ) ) by payment of appropriate compensation unless the lessee has a justified interest in removal .
=S=> BGB 552. 2 An agreement excluding the right of removal is only effective if reasonable compensation is provided for .
=U5= Sec553 -- Section 553 Permitting use by third parties
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=S=> BGB 553. 1 If the lessee , after entering into the lease agreement , acquires a justified interest in permitting a third party to use part of the residential space , then he may demand permission to do so from the lessor . This does not apply if there is a compelling reason in the person of the third party , if the residential space would be overcrowded or if the lessor cannot for other reasons reasonably be expected to permit third-party use .
=S=> BGB 553. 2 If the lessor can only be expected to permit third-party use on a reasonable increase of the rent , then he may make permission dependent upon the lessee agreeing to such an increase in rent .
=S=> BGB 553. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec554 -- Section 554 Toleration of conservation and modernisation measures
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=S=> BGB 554. 1 The lessee must tolerate measures required for conservation of the leased property .
=S=> BGB 554. 2 The lessee must tolerate measures taken to improve the leased property , to save energy or water or to create new residential space . This does not apply if the measure would be , for him , his family or another member of his household , a hardship that is not justifiable even considering the justified interests of the lessor and other lessees in the building . In this context , including , without limitation , the work to be undertaken , the structural consequences , prior outlays by the lessee and the increase to be expected in the rent are to be taken into account . The increase to be expected in the rent is not to be deemed a hardship if the leased property is merely restored to a generally customary condition .
=S=> BGB 554. 3 In the case of measures under subsection ( 2 ) sentence 1 , the lessor must at the latest three months prior to commencement of the measure inform the lessee in writing of their nature , their estimated scope and commencement , estimated duration and the increase in rent to be expected . The lessee is entitled , up to the end of the month subsequent to the month when notification is received , to give notice for cause with effect to the end of the following month . These provisions do not apply in case of measures having only an insignificant effect on the premises leased and entailing only an insignificant increase in rent .
=S=> BGB 554. 4 Outlays which the lessee had to make as a result of a measure under subsections ( 1 ) or ( 2 ) sentence 1 must be reimbursed to a reasonable extent by the lessor . Upon demand he must make an advance payment .
=S=> BGB 554. 5 An agreement deviating from subsections ( 2 ) to ( 4 ) to the disadvantage of the lessee is ineffective .
=U5= Sec554a -- Section 554a Accessibility
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=S=> BGB 554a. 1 The lessee may demand the approval of the lessor to structural changes or other installations required to make the use of the leased property or access to it fit for the needs of the disabled , if he has a justified interest in this . The lessor may refuse approval if his interest in maintaining the leased property or building unchanged outweighs the interest of the lessee in making use of the leased property fit for the needs of the disabled . When this is done , the justified interests of the other lessees in the building are to be taken into account .
=S=> BGB 554a. 2 The lessor may make his approval dependent upon payment of a reasonable additional security deposit for restoration of the original condition . Section 551 ( 3 ) and ( 4 ) applies with the necessary modifications .
=S=> BGB 554a. 3 An agreement deviating from subsection ( 1 ) to the disadvantage of the lessee is ineffective .
=U5= Sec555 -- Section 555 Ineffectiveness of contractual penalty
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=S=> BGB 555 An agreement by which the lessor binds the lessee to promise a contractual penalty is ineffective .
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