Last Updated on June 27, 2021 by LawEuro
German Civil Code (BGB) German law
Subtitle 3
Leases of other things
Section 578
Leases of plots of land and premises
(1) The provisions of sections 550, 562 to 562d, 566 to 567b as well as 570 are applicable to leases of plots of land with the necessary modifications.
(2) The provisions cited in subsection (1) as well as in section 552 (1), section 555a (1) to (3), sections 555b and 555c (1) to (4), section 555d (1) to (6), section 555e (1) and (2), section 555f and section 569 (2) are applicable with the necessary modifications to leases for premises not constituting residential premises. Section 556c (1) and (2), as well as the legal ordinance issued on the basis of section 556c (3), are to be applied with the necessary modifications; diverging agreements are permissible. If the premises are intended for the residence of human beings, section 569 (2) also applies with the necessary modifications.
Section 578a
Lease of registered ships
(1) The provisions of sections 566, 566a, 566e to 567d apply with the necessary modifications in the case of disposal or encumbrance of a ship registered in the ship register.
(2) A disposition of the rent made by the lessor prior to the passing of ownership and relating to the period of time when the acquirer is entitled is effective in relation to the acquirer. The same applies to a legal transaction that is entered into between the lessee and the lessor on the rent claim, in particular, without limitation, regarding the payment of the rent; a legal transaction entered into after the passing of ownership is, however, ineffective if the lessee, when entering into the transaction, has knowledge of the passing of ownership. Section 566d applies with the necessary modifications.
Section 579
Due date of the rent
(1) The rent for a plot of land and for movable things is payable at the end of the lease period. If the rent is assessed according to time periods, then it is to be paid at the end of the individual time periods. Rent for a plot of land, unless assessed by shorter time periods, is in each case to be paid after the end of a calendar quarter on the first working day of the next month.
(2) Section 566b (1) applies with the necessary modifications to leases of premises.
Section 580
Notice of termination for cause in the case of the death of the lessee
If the lessee dies, then both his heir and the lessor are entitled, within a month of obtaining knowledge of the death of the lessee, to terminate the lease for cause with the statutory notice period.
Section 580a
Notice periods
(1) In the case of a lease of plots of land, of premises that are not business premises, notice of termination is allowed
1. if the rent is assessed by days, on any day to the end of the following day;
2. if the rent is assessed by weeks, at the latest on the first working day of a week to the end of the following Saturday;
3. if the rent is assessed in months or longer periods of time, at the latest on the third working day of a calendar month to the end of the second month thereafter; in the case of a lease of commercially used undeveloped plots of land, however, only to the end of a calendar quarter.
(2) In the case of a lease of business premises, notice of termination is admissible at the latest on the third working day of a calendar quarter to the end of the next calendar quarter.
(3) In the case of a lease of movable things, notice of termination is admissible
1. if the rent is assessed by days, on any day to the end of the following day;
2. if the rent is assessed by longer periods of time, at the latest on the third day prior to the day at the end of which the lease is to terminate.
(4) Subsection (1) no. 3, subsections (2) and (3) no. 2 are also to be applied if a lease may be terminated for cause with the statutory notice period.
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