(1) Each contractual party may terminate the lease for cause without notice for a compelling reason. A compelling reason is given if the party giving notice, with all circumstances of the individual case having been taken into account, in particular fault of the contractual parties, and having weighed the interests of the parties against each other, cannot reasonably be required to continue the lease until the end of the notice period or until the lease ends in another way.
(2) A compelling reason is given in particular in cases in which
1. the lessee is not permitted in good time the use of the leased property as contractually agreed, as a whole or in part, or is deprived of such use,
2. 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 them or by making avaible, without authorisation, the leased property to a third party for the latter’s use, or
3. the lessee
a) is in default, on two successive dates, in payment of the rent or of a portion of the rent that is not insignificant, or
b) over 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 governed by sentence 1 no. 3, termination is excluded if the lessor has by then obtained satisfaction. It becomes ineffective if the lessee obtains release from their debt by set-off and declares set-off without undue delay after notice of termination is given.
(3) If the compelling reason consists of the violation of an obligation under the lease, then the notice of termination is permissible only after the expiry without result of a reasonable period specified for the purpose of obtaining relief or after a warning notice has failed to obtain a result. This does not apply if
1. a notice period or a warning notice obviously shows no chance of succeeding,
2. immediate termination is justified, having weighed the interests of both parties against each other, for special reasons or
3. the lessee is in default in payment of rent within the meaning of subsection (2) no. 3.
(4) Sections 536b and 536d are to be applied accordingly to the right to notice of termination to which the lessee is entitled under subsection (2) no. 1. Where 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, the lessor bears the burden of proof.