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Book 2 · Law of obligations  ›  Subtitle 1 · General provisions for leases › Section 536c

Defects occurring during the lease period; notice of defect by the lessee

(1) If a defect in the leased property becomes apparent during the lease period or if action to protect the leased property from an unforeseen hazard becomes necessary, then the lessee is to report this, without undue delay, to the lessor. The same applies if a third party arrogates to themselves a right to the thing.

(2) If the lessee fails to report this, then they are liable to the lessor for damage resulting therefrom. 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

1.  to assert the rights specified in section 536,

2.  to demand damages under section 536a (1), or

3.  to give notice without specifying a reasonable period for relief under section 543 (3) sentence 1.

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