1938
=U5= Sec563 -- Section 563 Right of succession upon death of the lessee
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=S=> BGB 563. 1 A spouse who maintains a joint household with the lessee succeeds to the lease upon the death of the lessee . The same applies to a civil partner .
=S=> BGB 563. 2 If children of the lessee live in the joint household of the lessee , then these children succeed to the lease on the death of the lessee if the spouse does not succeed . The succession of the civil partner is not affected by the succession of the children of the lessee . Other family members who maintain a joint household with the lessee succeed to the lease on the death of the lessee if the spouse or the civil partner does not succeed . The same applies to persons who maintain a joint household of a permanent nature with the lessee .
=S=> BGB 563. 3 If persons who have succeeded to the lease within the meaning of subsection ( 1 ) or ( 2 ) declare to the lessor within one month of obtaining knowledge of the death of the lessee that they do not wish to continue the lease , the succession is deemed not to have occurred . For persons without capacity to contract or having limited capacity to contract , section 210 applies with the necessary modifications . If more than one person succeeds to the lease , then each may make the declaration on his own behalf .
=S=> BGB 563. 4 The lessor may terminate the lease for cause with the statutory notice period within one month after obtaining knowledge of the definitive succession to the lease if there is a compelling reason in the person of the successor .
=S=> BGB 563. 5 A deviating agreement to the disadvantage of the lessee or of such persons as are entitled to succeed under subsection ( 1 ) or ( 2 ) is ineffective .
=U5= Sec563a -- Section 563a Continuation with surviving lessees
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=S=> BGB 563a. 1 If more persons than one within the meaning of section 563 are joint lessees , then the lease is continued , after the death of one lessee , with the surviving persons .
=S=> BGB 563a. 2 The surviving lessees may , within one month after obtaining knowledge of the death of the lessee , terminate the lease for cause with the statutory notice period .
=S=> BGB 563a. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec563b -- Section 563b Liability in the case of succession or continuation
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=S=> BGB 563b. 1 The persons who succeed to the lease under section 563 or with whom it is continued under section 563a are liable together with the heir as joint and several debtors for obligations incurred up to the death of the lessee . In relation to these persons , the heir has sole liability to the extent that nothing else has been specified .
=S=> BGB 563b. 2 If the lessee paid rent in advance for a period of time subsequent to his death , the persons who succeed to the lease under section 563 or with whom it is continued under section 563a are obliged to surrender to the heir the sum that they save or gain due to such advance payment .
=S=> BGB 563b. 3 The lessor may , if the deceased lessee did not provide any security , demand provision of security under section 551 from persons who succeed to the lease under section 563 or with whom it is continued under section 563a.
=U5= Sec564 -- Section 564 Continuation of the lease with the heir ; termination for cause
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=S=> BGB 564 If , on the death of the lessee , no persons within the meaning of section 563 succeed to the lease or the lease is not continued with them under section 563a , then it is continued with the heir . In this case , both the heir and the lessor are entitled to terminate the lease for cause within one month with the statutory notice period after they obtain knowledge of the death of the lessee and of the fact that there has been no succession to the lease and no continuation thereof .
=U5= Sec565 -- Section 565 Commercial subletting
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=S=> BGB 565. 1 If under the lease agreement the lessee is to sublet the leased residential space to a third party on a commercial basis for residential purposes , then upon termination of the lease the lessor takes over the rights and duties under the lease agreement between the lessee and the third party . If the lessor enters into a new lease agreement for subletting on a commercial basis , then the lessee , in place of the previous party to the contract , takes over the rights and duties under the lease agreement with the third party .
=S=> BGB 565. 2 Sections 566 to 566e apply with the necessary modifications .
=S=> BGB 565. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec566 -- Section 566 Purchase is subject to existing leases
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=S=> BGB 566. 1 If , after the lessee is given use of the leased residential space , it is disposed of by the lessor to a third party , then the acquirer , in place of the lessor , takes over the rights and duties that arise under the lease agreement during the period of his ownership .
=S=> BGB 566. 2 If the acquirer does not perform his duties , then the lessor is liable in the same way as a surety who has waived the defence of unexhausted remedies for the damage to be compensated for by the acquirer . If the lessee obtains knowledge of the passing of ownership by notification from the lessor , then the lessor is released from liability unless the lessee terminates the lease to the earliest date at which termination is allowed .
=U5= Sec566a -- Section 566a Rent security deposit
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=S=> BGB 566a If the lessee of the residential space disposed of has provided security to the lessor for the performance of his duties , then the acquirer takes over the rights and duties created by this . If , upon termination of the lease , the lessee is unable to obtain the security from the acquirer , then the lessor continues to be obliged to return it .
=U5= Sec566b -- Section 566b Advance disposition of the rent
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=S=> BGB 566b. 1 If the lessor , prior to the passing of ownership , disposes of the rent attributable to the period when the acquirer is entitled , then the disposition is effective to the extent that it relates to the rent for the calendar month current at the time when the ownership passes . If ownership passes after the fifteenth day of the month , then the disposition is also effective to the extent that it relates to the rent for the following calendar month .
=S=> BGB 566b. 2 The acquirer must allow a disposition of the rent for a later period to be asserted against himself if he has knowledge of it at the time when ownership passes .
=U5= Sec566c -- Section 566c Agreement between lessee and lessor on the rent
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=S=> BGB 566c A legal transaction entered into between lessee and lessor on the rent claim , including without limitation payment of rent , is effective in relation to the acquirer to the extent that it does not relate to rent for a period of time subsequent to the calendar month in which the lessee obtains knowledge of the passing of ownership . If the lessee obtains knowledge of this after the fifteenth day of the month , then the legal transaction is also effective to the extent that it relates to the rent for the next calendar month . A legal transaction undertaken after the passing of ownership is , however , ineffective if the lessee has knowledge of the passing of ownership when the legal transaction is entered into .
=U5= Sec566d -- Section 566d Set-off by the lessee
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=S=> BGB 566d To the extent that payment of the rent to the lessor is effective in relation to the acquirer under section 566c , the lessee can set off against the claim to rent of the acquirer a claim to which he is entitled against the lessor . Set-off is excluded if the lessee acquires the counterclaim after obtaining knowledge of the passing of ownership , or if the counterclaim becomes due only after the lessee obtains knowledge and after the rent becomes due .
=U5= Sec566e -- Section 566e Notification by the lessor of passing of ownership
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=S=> BGB 566e. 1 If the lessor notifies the lessee that he has transferred ownership of the leased residential space to a third party , then he must , in regard to the rent claim , allow the notification of the transfer to be asserted against himself by the lessee even if it has not occurred or is not effective .
=S=> BGB 566e. 2 The notification may be retracted only with the approval of the person who has been named as the new owner .
=U5= Sec567 -- Section 567 Encumbrance of the residential space by the lessor
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=S=> BGB 567 If , subsequent to permission of use to the lessee , the leased residential space is encumbered by the lessor with a third-party right , then sections 566 to 566e are to be applied with the necessary modifications if by exercise of the right the lessee is deprived of the use of it in conformity with the contract . If the lessee is restricted by the exercise of this right in his use in conformity with the contract , then the third party has a duty to the lessee to refrain from exercising the right to the extent that exercising the right would adversely affect use in conformity with the contract .
=U5= Sec567a -- Section 567a Disposal or encumbrance prior to permission of use of residential space
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=S=> BGB 567a If , prior to transferring the use of the leased residential space to the lessee , the lessor disposes of the residential space to a third party or encumbers it with a right by the exercise of which the lessee is deprived of or restricted in the use of it in conformity with the contract , then the same applies as in the cases of sections 566 ( 1 ) and 567 if the acquirer has agreed with the lessor to take over the performance of the duties arising from the lease agreement .
=U5= Sec567b -- Section 567b Further disposal or encumbrance by the acquirer
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=S=> BGB 567b If the leased residential space is further disposed of or encumbered by the acquirer , then sections 566 ( 1 ) and sections 566a to 567a are to be applied with the necessary modifications . If the new acquirer fails to perform the duties arising from the lease , then the lessor is liable to the lessee under section 566 ( 2 ) .
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