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=S=> BGB 588. 1 The usufructuary lessee must acquiesce in impacts on the leased property necessary to maintain it .
=S=> BGB 588. 2 Measures to improve the leased property must be tolerated by the usufructuary lessee , unless the measure would represent a hardship for him that is not justified even when the justified interests of the lessor are taken into account . The usufructuary lessor must compensate the lessee for expenses incurred and earnings lost as a result of the measure to an extent appropriate to the circumstances . On demand , the usufructuary lessor must make advance payment .
=S=> BGB 588. 3 To the extent that the usufructuary lessee , due to measures under subsection ( 2 ) sentence 1 , earns higher income or could earn it with proper management , the lessor may demand that the lessee gives prior consent to a reasonable increase in rent unless the usufructuary lessee cannot reasonably be expected to accept an increase in rent in view of the circumstances of the business .
=S=> BGB 588. 4 Upon application , the Agricultural Court [ Landwirtschaftsgericht ] decides disputes under subsections ( 1 ) and ( 2 ) . If the usufructuary lessee fails to give prior consent in the cases in subsection ( 3 ) , then the Agricultural Court [ Landwirtschaftsgericht ] may give substitute consent on application by the lessor .
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