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Dokument BGB Book 2 Law of Obligations
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277
=S=> BGB 559a. 1 Costs assumed by the lessee or assumed by a third party for the lessee or covered by subsidies from public authorities do not form part of costs spent within the meaning of section 559.
=S=> BGB 559a. 2 If the costs of the construction measures are covered in full or in part by low-interest or interest-free loans from public authorities , then the amount of the increase under section 559 is reduced by the annual amount of the interest reduction . The latter is calculated from the difference between the reduced rate of interest and the going market interest rate for the original amount of the loan . The going market interest rate for first-priority mortgages at the date when the measures ended is conclusive . If subsidies or loans are used to cover ongoing outlays , then the amount of the increase is reduced by the annual amount of the subsidy or loan .
=S=> BGB 559a. 3 A lessee loan , an advance rent payment or a service performed for the lessee by a third party for the construction measures are equivalent to a loan from public authorities . Funds from the financial institutions of the Federal Government or of a Land are deemed to be funds from public authorities .
=S=> BGB 559a. 4 If it cannot be ascertained in what amount subsidies or loans have been granted for the individual dwellings , then they must be apportioned according to the ratio of costs spent on individual dwellings .
=S=> BGB 559a. 5 A deviating agreement to the disadvantage of the lessee is ineffective .