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=U5= Sec568 -- Section 568 Form and contents of the notice of termination
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=S=> BGB 568. 1 The notice of termination of the lease must be in written form .
=S=> BGB 568. 2 The lessor should , in good time , draw the attention of the lessee to the possibility of an objection and the form and period for the objection under sections 574 to 574b.
=U5= Sec569 -- Section 569 Termination for cause without notice for a compelling reason
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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 .
=U5= Sec570 -- Section 570 Exclusion of the right of retention
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=S=> BGB 570 The lessee is not entitled to any right of retention against the claim to return of the lessor .
=U5= Sec571 -- Section 571 Further damages for late return of residential space
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=S=> BGB 571. 1 If the lessee fails to return the leased residential space upon termination of the lease , then the lessor may only assert further damages within the meaning of section 546a ( 2 ) if the return failed to occur for reasons for which the lessee is responsible . Damage is only to be compensated for to the extent that equity demands indemnification . This does not apply if the lessee has given notice of termination .
=S=> BGB 571. 2 If the lessee is granted a period of time before vacating the premises under section 721 or section 794a of the Code of Civil Procedure [ Zivilprozessordnung ] , then he is not liable for compensation for further damage until the end of the period of time .
=S=> BGB 571. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec572 -- Section 572 Agreement on right of withdrawal ; lease subject to condition subsequent
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=S=> BGB 572. 1 The lessor may not invoke an agreement by which the lessor is intended to be entitled to withdraw from the lease agreement after he has permitted the lessee to use the residential space .
=S=> BGB 572. 2 In addition , the lessor may not invoke an agreement by which the lease is subject to a condition subsequent to the disadvantage of the lessee . Subchapter 2 Leases for an indefinite period of time
=U5= Sec573 -- Section 573 Notice of termination by the lessor
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=S=> BGB 573. 1 The lessor may only give notice if he has a justified interest in the termination of the lease . Notice of termination for the purpose of increasing the rent is excluded .
=S=> BGB 573. 2 A justified interest of the lessor in the termination of the lease exists , without limitation , in cases where the lessee has culpably and non-trivially violated his contractual duties , the lessor needs the premises as a dwelling for himself , members of his family or members of his household , or the lessor , by continuing the lease , would be prevented from making appropriate commercial use of the plot of land and would as a result suffer substantial disadvantages ; the possibility of attaining a higher rent by leasing the residential space to others is disregarded ; the lessor may likewise not invoke the fact that he wishes to dispose of the residential premises in connection with an intention to create apartment ownership , or in connection with a creation of apartment ownership that took place after use of the residential space was granted to the lessee .
=S=> BGB 573. 3 The reasons for a justified interest of the lessor must be indicated in the notice of termination . Other reasons are taken into account only to the extent that they arose subsequently .
=S=> BGB 573. 4 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec573a -- Section 573a Simplified termination by the lessor
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=S=> BGB 573a. 1 The lessor may also terminate a lease of a dwelling in a building inhabited by the lessor himself and having no more than two dwellings without the need for a justified interest within the meaning of section 573. The notice period is in this case extended by three months .
=S=> BGB 573a. 2 Subsection ( 1 ) applies with the necessary modifications to residential space inside the dwelling inhabited by the lessor himself to the extent that the residential space is not exempted from lessee protection under section 549 ( 2 ) no . 2.
=S=> BGB 573a. 3 In the letter containing notice of termination it must be stated that the termination is based on the requirements of subsection ( 1 ) or ( 2 ) .
=S=> BGB 573a. 4 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec573b -- Section 573b Partial termination by the lessor
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=S=> BGB 573b. 1 The lessor may terminate the lease of side rooms or parts of a plot of land that are not intended as residential without a justified interest within the meaning of section 573 if he limits the notice of termination to these rooms or parts of the plot of land and if he wishes to use them to create residential space for the purpose of leasing , or to provide the intended or existing residential space with side rooms or parts of a plot of land .
=S=> BGB 573b. 2 Notice of termination is allowed at the latest on the third working day of a calendar month to the end of the second month thereafter .
=S=> BGB 573b. 3 If commencement of construction work is delayed , then the lessee may demand an extension of the lease by an equivalent period of time .
=S=> BGB 573b. 4 The lessee may demand an appropriate reduction of the rent .
=S=> BGB 573b. 5 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec573c -- Section 573c Termination notice periods
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=S=> BGB 573c. 1 Notice of termination is allowed at the latest on the third working day of a calendar month to the end of the second month thereafter . The notice period for the lessor is extended , by three months in each case , five and eight years after the lessee is permitted to use the residential space .
=S=> BGB 573c. 2 For residential space that is only leased for temporary use , a shorter notice period may be agreed .
=S=> BGB 573c. 3 For residential space under section 549 ( 2 ) no . 2 , notice of termination is allowed at the latest on the fifteenth day of a month to the end of that month .
=S=> BGB 573c. 4 An agreement deviating from subsections ( 1 ) or ( 3 ) to the disadvantage of the lessee is ineffective .
=U5= Sec573d -- Section 573d Termination for cause with the statutory notice period
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=S=> BGB 573d. 1 If a lease may be terminated for cause with the statutory notice period , then sections 573 and 573a apply with the necessary modifications , with the exception of notice of termination to the heirs of the lessee under section 564.
=S=> BGB 573d. 2 Notice of termination is allowed at the latest on the third working day of a calendar month to the end of the second month thereafter , and in the case of residential space under section 549 ( 2 ) no . 2 at the latest on the fifteenth day of the month to the end of that month ( statutory period ) . Section 573a ( 1 ) sentence 2 does not apply .
=S=> BGB 573d. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec574 -- Section 574 Objection of lessee to termination
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=S=> BGB 574. 1 The lessee may object to the notice of termination of the lessor and demand continuation of the lease from the latter if termination of the lease would be , for the lessee , his family or another member of his household , a hardship that is not justifiable even considering the justified interests of the lessor . This does not apply if a reason exists that entitles the lessor to terminate the lease for cause without notice .
=S=> BGB 574. 2 Hardship also exists if appropriate substitute residential space cannot be procured on reasonable terms .
=S=> BGB 574. 3 When the justified interests of the lessor are considered , only the reasons given in the letter containing notice of termination under section 573 ( 3 ) are taken into account , except where the reasons arose subsequently .
=S=> BGB 574. 4 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec574a -- Section 574a Continuation of lease after objection
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=S=> BGB 574a. 1 In the case of section 574 , the lessee may demand that the lease is continued as long as is appropriate if all circumstances are taken into consideration . If the lessor cannot reasonably be expected to continue the lease under the previously applicable contract terms , then the lessee may only demand that it is continued with an appropriate amendment of the terms .
=S=> BGB 574a. 2 If no agreement is reached , then the continuation of the lease , its duration and the terms under which it is continued are determined by judicial decision . If it is uncertain when the circumstances can be expected to cease on the basis of which termination of the lease would be a hardship , then it may be specified that the lease is to be continued for an indefinite period of time .
=S=> BGB 574a. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec574b -- Section 574b Form and period of objection
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=S=> BGB 574b. 1 An objection of the lessee to termination must be declared in writing . Upon demand by the lessor , the lessee should without undue delay provide information on the reasons for the objection .
=S=> BGB 574b. 2 The lessor may refuse continuation of the lease if the lessee does not declare the objection to him at the latest two months prior to termination of the lease . If the lessor has not referred to the possibility of objection and to its form and period in good time before the end of the period for filing an objection , then the lessee may declare his objection in the first hearing in the eviction proceedings .
=S=> BGB 574b. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec574c -- Section 574c Further continuation of lease in the case of unforeseen circumstances
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=S=> BGB 574c. 1 If it has been determined on the basis of sections 574 to 574b by agreement or judicial decision that the lease is to be continued for a definite period of time , then the lessee may only demand its further continuation if this is justified by a material change in circumstances or if circumstances have not come about whose foreseen occurrence was decisive for the period of time the lease was to continue .
=S=> BGB 574c. 2 If the lessor terminates a lease whose continuation for an indefinite period of time has been established by judicial decision , then the lessee may object to the termination and demand from the lessor continuation of the lease for an indefinite period of time . If the circumstances that were decisive for continuation have changed , then the lessee may demand continuation of the lease only under section 574 ; trivial changes are disregarded .
=S=> BGB 574c. 3 A deviating agreement to the disadvantage of the lessee is ineffective . Subchapter 3 Leases for a definite period of time
=U5= Sec575 -- Section 575 Fixed-term lease
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=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 .
=U5= Sec575a -- Section 575a Termination for cause with the statutory notice period
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=S=> BGB 575a. 1 If a lease entered into for a fixed term may be terminated for cause with the statutory notice period , then sections 573 and 573a apply with the necessary modifications , with the exception of notice of termination to the heirs of the lessee under section 564.
=S=> BGB 575a. 2 Sections 574 to 574c apply with the necessary modifications subject to the proviso that the continuation of the lease may be demanded at most until the contractually specified date of termination .
=S=> BGB 575a. 3 Notice of termination is allowed at the latest on the third working day of a calendar month to the end of the second month thereafter , and in the case of residential space under section 549 ( 2 ) no . 2 at the latest on the fifteenth day of the month to the end of the month ( statutory period ) . Section 573a ( 1 ) sentence 2 does not apply .
=S=> BGB 575a. 4 A deviating agreement to the disadvantage of the lessee is ineffective . Subchapter 4 Tied dwellings
=U5= Sec576 -- Section 576 Periods for notice of termination in the case of tied leased dwellings
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=S=> BGB 576. 1 If residential space is leased in view of the existence of a service relationship , then the lessor may upon termination of the employment and notwithstanding section 573c ( 1 ) sentence 2 terminate the lease with the following notice periods : for residential space the lessee has been permitted to use for less than ten years , at the latest on the third working day of a calendar month to the end of the second month thereafter if the residential space is needed for another person obliged to perform services ; at the latest on the third working day of a calendar month to the end of that month if the service relationship by its nature requires permission to use residential space that is located in immediate relation to or in the immediate vicinity of the place of work and the residential space is needed for the same reason for another person obliged to perform services .
=S=> BGB 576. 2 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec576a -- Section 576a Special features of the right of objection in the case of tied leased dwellings
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=S=> BGB 576a. 1 When sections 574 to 574c are applied to tied leased dwellings , the interests of the person entitled to services must also be taken into account .
=S=> BGB 576a. 2 Sections 574 to 574c do not apply if the lessor has given notice under section 576 ( 1 ) no 2 ; the lessee has terminated the service relationship without the person entitled to service giving him any legally justified reason for doing so , or the lessee , by his conduct , provided the person entitled to service with legally justified grounds for terminating the service relationship .
=S=> BGB 576a. 3 A deviating agreement to the disadvantage of the lessee is ineffective .
=U5= Sec576b -- Section 576b Application of landlord and tenant law with the necessary modifications in connection with tied dwellings
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=S=> BGB 576b. 1 If permission to use residential space has been given in connection with a service relationship , then the termination of the legal relationship with regard to the residential space is governed by the provisions on leases with the necessary modifications if the person obliged to perform services has predominantly supplied the residential space with furniture and fixtures or lives in the residential space with his family or persons with whom he maintains a joint household set up permanently .
=S=> BGB 576b. 2 A deviating agreement to the disadvantage of the lessee is ineffective .
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