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=S=> BGB 569. 1 A compelling reason within the meaning of section 543 ( 1 ) for the lessee also exists if the leased residential space is in such a condition that its use entails a significant endangerment of health . This also applies if the lessee knew of the hazardous condition when he entered into the lease agreement or waived his rights arising from this condition .
=S=> BGB 569. 2 A compelling reason within the meaning of section 543 ( 1 ) also exists if one party to the contract permanently disturbs the domestic peace in such a way that the party giving notice , taking all circumstances of the specific case into account , including without limitation fault of the parties to the contract , and weighing the interests of both parties , cannot reasonably be expected to continue the lease to the end of the notice period or until the lease is terminated in another way .
=S=> BGB 569. 3 In supplement to section 543 ( 2 ) sentence 1 no . 3 , the rules are : In the case of section 543 ( 2 ) sentence 1 , no . 3 , letter a , the part of the rent in arrears may only be deemed not to be insignificant if it exceeds the rent for one month . This does not apply if the residential space is leased only for temporary use . The notice of termination also becomes ineffective if , at the latest by the end of two months after the eviction claim is pending , the lessor is satisfied or a public authority agrees to satisfy the lessor with regard to the rent due and the compensation due under section 546a ( 1 ) . This does not apply if , no longer than two years earlier , the notice of termination was preceded by a notice of termination that became ineffective under sentence 1 above . If the lessee has been finally and absolutely ordered to pay an increased rent under sections 558 to 560 , then the lessor may not terminate the lease for default in payment of the lessee before the end of two months after the final and absolute order unless the requirements for termination for cause without notice have already been satisfied due to rent previously owed .
=S=> BGB 569. 4 The compelling reason leading to termination must be stated in the notice of termination .
=S=> BGB 569. 5 An agreement diverging from subsections ( 1 ) to ( 3 ) of this provision or from section 543 to the disadvantage of the lessee is ineffective . In addition , an agreement is also ineffective under which the lessor is to be entitled to terminate the lease for cause without notice for other reasons than those permitted by law .
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