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Dokument BGB Book 2 Law of Obligations
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294
=S=> BGB 575. 1 A lease may be entered into for a fixed period of time if the lessor upon termination of the lease period wishes to use the premises as a dwelling for himself , members of his family or members of his household , or wishes , admissibly , to eliminate the premises or change or repair them so substantially that the measures would be significantly more difficult as a result of a continuation of the lease , or wishes to lease the premises to a person obliged to perform services and he notifies the lessee in writing of the reasons for the fixed term when the agreement is entered into . Otherwise the lease is deemed to have been entered into for an indefinite period of time .
=S=> BGB 575. 2 The lessee may at the earliest four months prior to expiry of the fixed term demand of the lessor that the lessor notify him within one month whether the grounds for the fixed term still apply . If the notification occurs later , then the lessee may demand an extension of the lease by the period of time of the delay .
=S=> BGB 575. 3 If the reason for the fixed term occurs later , then the lessee may demand an extension of the lease by an equivalent period of time . If the reason ceases , then the lessee may demand an extension for an indefinite period of time . The burden of proof for the occurrence of a reason for setting a fixed term and for the duration of the delay is on the lessor .
=S=> BGB 575. 4 A deviating agreement to the disadvantage of the lessee is ineffective .