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=U4= Sec535 -- Section 535 Contents and primary duties of the lease agreement
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=S=> BGB 535. 1 A lease agreement imposes on the lessor a duty to grant the lessee use of the leased property for the lease period . The lessor must surrender the leased property to the lessee in a condition suitable for use in conformity with the contract and maintain it in this condition for the lease period . He must bear all costs to which the leased property is subject .
=S=> BGB 535. 2 The lessee is obliged to pay the lessor the agreed rent .
=U4= Sec536 -- Section 536 Rent reduction for material and legal defects
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=S=> BGB 536. 1 If the leased property at the time of surrender to the lessee has a defect which removes its suitability for the contractually agreed use , or if such a defect arises during the lease period , then the lessee is exempted for the period when suitability is removed from paying the rent . For the period of time when suitability is reduced , he need only pay reasonably reduced rent . A trivial reduction of suitability is not taken into account .
=S=> BGB 536. 2 Subsection ( 1 ) sentences 1 and 2 also apply if a warranted characteristic is lacking or later ceases .
=S=> BGB 536. 3 If the lessee is fully or partially deprived by a third-party right of use of the leased property , then subsections ( 1 ) and ( 2 ) apply with the necessary modifications .
=S=> BGB 536. 4 With regard to a lease for residential space , a deviating agreement to the disadvantage of the lessee is ineffective .
=U4= Sec536a -- Section 536a Claim of lessee for damages and reimbursement of expenses due to a defect
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=S=> BGB 536a. 1 If a defect within the meaning of section 536 exists when the lease agreement is entered into , or if such a defect arises subsequently due to a circumstance that the lessor is responsible for , or if the lessor is in default in remedying a defect , then the lessee may , notwithstanding the rights under section 536 , demand damages .
=S=> BGB 536a. 2 The lessee may remedy the defect himself and demand reimbursement of the necessary expenses if the lessor is in default in remedying the defect , or immediate remedy of the defect is necessary to preserve or restore the state of the leased property .
=U4= Sec536b -- Section 536b Lessee knows of the defect upon entering into the agreement or upon acceptance
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=S=> BGB 536b If the lessee knows of the defect when entering into the agreement , then he does not have the rights under sections 536 and 536a. If he remains unaware of the defect due to gross negligence , then he has these rights only if the lessor fraudulently concealed the defect . If the lessee accepts a defective thing although he is aware of the defect , then he may only assert the rights under sections 536 and 536a if he reserved his rights at the time of acceptance .
=U4= Sec536c -- Section 536c Defects occurring during the lease period ; notice of defect by the lessee
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=S=> BGB 536c. 1 If a defect in the leased property comes to light during the lease period or if action to protect the leased property from an unforeseen hazard becomes necessary , then the lessee must without undue delay report this to the lessor . The same applies if a third party arrogates to himself a right to the thing .
=S=> BGB 536c. 2 If the lessee fails to report this , then he is liable to the lessor for damage incurred thereby . To the extent that the lessor was prevented from providing relief due to the failure of the lessee to report it , the lessee is not entitled to assert the rights specified in section 536 , to demand damages under section 536a ( 1 ) , or to give notice without specifying a reasonable period for relief under section 543 ( 3 ) sentence 1.
=U4= Sec536d -- Section 536d Contractual exclusion of rights of lessee with regard to defects
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=S=> BGB 536d The lessor may not invoke an agreement by which the rights of the lessee are excluded or restricted with regard to a defect in the leased property if he fraudulently concealed the defect .
=U4= Sec537 -- Section 537 Payment of rent when the lessee is unable to be present in person
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=S=> BGB 537. 1 The lessee is not released from his obligation to pay rent due to the fact that , for a reason relating to his person , he is unable to exercise his right of use . However , the lessor must allow to be credited against him the value of the expenses saved and of the advantages he enjoys from exploiting the use in another way .
=S=> BGB 537. 2 As long as the lessor is unable to grant the lessee use because use has been permitted to a third party , the lessee is not obliged to pay the rent .
=U4= Sec538 -- Section 538 Wear and tear on the leased property from use in conformity with the contract
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=S=> BGB 538 The lessee is not responsible for modifications to or deterioration of the leased property brought about by use in conformity with the contract .
=U4= Sec539 -- Section 539 Reimbursement of other expenses and right of removal of the lessee
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=S=> BGB 539. 1 The lessee may , under the provisions on agency without specific authorisation , demand reimbursement from the lessor for outlays on the leased property that the lessor need not compensate him for under section 536a ( 2 ) . BGB 539. 2 The lessee is entitled to remove an installation that he has provided the leased property with .
=U4= Sec540 -- Section 540 Permitting use by third parties
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=S=> BGB 540. 1 Without the permission of the lessor , the lessee is not entitled to permit a third party to use the leased property , in particular not to sublet it . If the lessor refuses permission , then the lessee may terminate the lease for cause with the statutory notice period unless the person of the third party constitutes cause .
=S=> BGB 540. 2 If the lessee permits a third party to use the property , then he is responsible for the culpability in the use of the property attributable to that third party even if the lessor has given permission for this .
=U4= Sec541 -- Section 541 Application for injunction for use in breach of contract
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=S=> BGB 541 If the lessee persists with use of the leased property in breach of contract despite a warning by the lessor , then the latter may seek a prohibitory injunction .
=U4= Sec542 -- Section 542 End of the lease
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=S=> BGB 542. 1 If the lease period is indefinite , then each of the parties to the contract may give notice of termination in accordance with the statutory provisions .
=S=> BGB 542. 2 A lease entered into for a definite period of time ends at the end of that period unless it has been terminated for cause in legally permissible cases , or is extended .
=U4= Sec543 -- Section 543 Termination for cause without notice for a compelling reason
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=S=> BGB 543. 1 Each party to the contract may terminate the lease for cause without notice for a compelling reason . A compelling reason is deemed to obtain if the party giving notice , with all circumstances of the individual case taken into account , including without limitation fault of the parties to the contract , and after weighing the interests of the parties , cannot be reasonably expected to continue the lease until the end of the notice period or until the lease ends in another way .
=S=> BGB 543. 2 A compelling reason is deemed to obtain in cases including without limitation where the lessee is not permitted the use of the leased property in conformity with contract , in whole or in part , in good time , or is deprived of this use , the lessee violates the rights of the lessor to a substantial degree by substantially endangering the leased property by neglecting to exercise the care incumbent upon him or by allowing a third party to use it without authorisation , or the lessee a)is in default , on two successive dates , of payment of the rent or of a portion of the rent that is not insignificant , or b)in a period of time spanning more than two dates is in default of payment of the rent in an amount that is as much as the amount of rent for two months . In the case of sentence 1 no . 3 , termination is excluded if the lessor has by then obtained satisfaction . It becomes ineffective if the lessee has succeeded in discharging his debt by set-off and declares set-off without undue delay after notice of termination is given .
=S=> BGB 543. 3 If the compelling reason consists in the violation of an obligation under the lease , then the notice of termination is only permitted after the expiry without result of a reasonable period specified for the purpose of obtaining relief or after an unheeded warning notice . This does not apply if a notice period or a warning notice obviously shows no chance of succeeding , immediate termination for special reasons is justified , weighing the interests of both parties , or the lessee is in default of payment of rent within the meaning of subsection ( 2 ) no . 3.
=S=> BGB 543. 4 Sections 536b and 536d are to be applied with the necessary modifications to the right to notice of termination to which the lessee is entitled under subsection ( 2 ) no . 1. If it is in dispute whether the lessor granted use of the leased property in good time or provided relief prior to expiry of the period specified for this purpose , then he bears the burden of proof .
=U4= Sec544 -- Section 544 Lease for more than thirty years
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=S=> BGB 544 If a lease agreement is signed for a period of more than thirty years , then each of the parties to the contract , after thirty years have passed , may after surrender of the leased property terminate the lease for cause with the statutory notice period . Termination is not permissible if the agreement has been signed for the duration of the life of the lessor or lessee .
=U4= Sec545 -- Section 545 Tacit extension of the lease
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=S=> BGB 545 If the lessor continues to use the leased property after the end of the lease period , then the lease is extended for an indefinite period of time , unless one of the parties to the contract has declared his intention to the contrary to the other party within two weeks . The period commences for the lessee upon continuation of use , for the lessor at the point of time when he receives knowledge of the continuation .
=U4= Sec546 -- Section 546 Duty of lessee to return
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=S=> BGB 546. 1 The lessee is obliged to return the leased property after termination of the lease .
=S=> BGB 546. 2 If the lessee has permitted a third party to use the leased property , the lessor may also demand return of the leased property from the third party after termination of the lease .
=U4= Sec546a -- Section 546a Compensation of the lessor in the case of late return
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=S=> BGB 546a. 1 If the lessee fails to return the leased property after termination of the lease , the lessor may for the duration of retention demand as compensation the agreed rent or the rent that is customarily paid for comparable items in the locality .
=S=> BGB 546a. 2 The assertion of further damage is not excluded .
=U4= Sec547 -- Section 547 Reimbursement of rent paid in advance
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=S=> BGB 547. 1 Where rent has been paid in advance for the period after termination of the lease , the lessor must reimburse it with interest accrued since receiving it . If the lessor is not responsible for termination of the lease , then he must reimburse his gains under the provisions on the return of unjust enrichment .
=S=> BGB 547. 2 In the case of a lease for residential space , any deviating agreement to the disadvantage of the lessee is ineffective .
=U4= Sec548 -- Section 548 Limitation of compensation claims and right of removal
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=S=> BGB 548. 1 The compensation claims of the lessor for modifications to or deterioration of the leased property are subject to a six-month limitation period . The limitation period commences at the time when the leased property is returned to him . When the claim of the lessor to return of the leased property is statute-barred , the compensation claims of the lessor are likewise statute-barred .
=S=> BGB 548. 2 The claims of the lessee to reimbursement of expenses or to permission to remove an installation are subject to a six-month limitation period after the termination of the lease .
=S=> BGB 548. 3 ( repealed )
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