(1) The lessee is to tolerate a modernisation measure.
(2) There is no obligation of toleration in accordance with subsection (1) if the modernisation measure would constitute a hardship for the lessor, their family or a member of their household that is not justifiable even considering the legitimate interests of both the lessor and other lessees in the building, as well as energy saving and climate protection concerns. The anticipated rent increase, as well as the anticipated future operating costs, are not included in weighing the parties’ interests against each other as regards the obligation of toleration; they are to be taken into account only in accordance with section 559 (4) and (5) in case of a rent increase.
(3) The lessee is to inform the lessor, in text form, of circumstances constituting a hardship with regard to the toleration or to the rent increase by the end of the month following receipt of the modernisation notice. The time limit will commence running only if the modernisation notice complies with the stipulations of section 555c.
(4) Once the time limit has expired, circumstances constituting hardship with regard to the toleration or to the rent increase still are to be taken into account if the lessee was prevented without their being at fault from meeting the deadline and if they inform the lessor without undue delay of the circumstances as well as of the reasons for the delay in text form. Circumstances which constitute a hardship with regard to the rent increase are to be taken into account only if they are notified at the latest by the time of commencement of the modernisation measure.
(5) If the lessor has not referred in the modernisation notice to the requirements as to form and the time limit applying to the hardship objection (section 555c (2)), the notice of the lessee in accordance with subsection (3) sentence 1 does not have to be submitted in the form and time limit specified therein. Subsection (4) sentence 2 applies accordingly.
(6) Section 555a subsection (3) applies accordingly.
(7) A deviating agreement to the disadvantage of the lessee is ineffective.