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=S=> BGB 595. 1 The usufructuary lessee may demand continuation of the lease from the lessor if in the case of a commercial usufructuary lease , the business constitutes the economic basis of his existence , in the case of a usufructuary lease of a plot of land , the lessee is dependent on this plot of land to maintain his business , which is the economic basis of his existence , and termination of the lease in conformity with the contract would be a hardship for the lessee or his family which would not be justifiable even if the justified interests of the lessor were taken into account . Subject to these requirements , continuation may be demanded repeatedly .
=S=> BGB 595. 2 In the case in subsection ( 1 ) , the usufructuary lessee may demand that the lease is continued as long as is appropriate when all circumstances are taken into consideration . If the usufructuary lessor cannot reasonably be expected to continue the lease under the previously applicable contract terms , then the lessee may demand that it be continued with an appropriate amendment of the terms .
=S=> BGB 595. 3 The usufructuary lessee may not demand continuation of the lease from the usufructuary lessor if he has terminated the lease , the usufructuary lessor is entitled to terminate the lease for cause without notice , or in the case of section 593a to terminate the lease for cause with the statutory notice period , the lease period in the case of a usufructuary lease of a business , the leasing of additional plots of land as a result of which a business is created , or in the case of the lease of marshland or wasteland that has been cultivated by the lessee has been agreed for at least eighteen years , or in the case of the lease of other plots of land for at least twelve years , in the case of property leased only temporarily under a usufructuary lease , the lessor wishes to repossess it for his own use or to use it to perform statutory or other public tasks .
=S=> BGB 595. 4 The declaration of the usufructuary lessee demanding the continuation of the lease must be in writing . Upon demand by the usufructuary lessor , the lessee should without undue delay provide information on his reasons for demanding continuation .
=S=> BGB 595. 5 The usufructuary lessor may refuse continuation of the lease if the usufructuary lessee did not demand continuation from the lessor at least one year prior to termination of the lease or rejected continuation upon inquiry by the lessor under section 594. If a twelve-month notice period or less has been agreed , then it suffices if the demand is declared within a month of receipt of the notice of termination .
=S=> BGB 595. 6 If agreement is reached , then the Agricultural Court [ Landwirtschaftsgericht ] decides upon application on a continuation and on the lease period , and also on the conditions under which the lease will be continued . The court may order continuation of the lease , but only up to a date that , starting from the commencement of the current lease , does not exceed the periods stated in subsection ( 3 ) no . 3. Continuation may be limited to a part of the leased property .
=S=> BGB 595. 7 The usufructuary lessee must file the application for a court decision at the Agricultural Court [ Landwirtschaftsgericht ] at the latest nine months prior to termination of the lease and , in the case of a twelve-month notice period or less , two months after receipt of notice of termination . The court may admit the application at a later date if it appears called for to avoid undue hardship and the lease has not yet expired .
=S=> BGB 595. 8 The right to demand extension of the lease under subsections ( 1 ) to ( 7 ) may only be waived if the waiver is declared in settlement of a lease dispute heard in a court of law or by a professional lease conciliation board . An agreement that one party is to have particular advantages or particular disadvantages if the party exercises or does not exercise the rights under subsections ( 1 ) to ( 7 ) is ineffective .
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