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Book 2 · Law of obligations  ›  Subchapter 2 · Provisions on the rent amount › Section 559d

Breaches of duty in announcing or implementing structural changes

The presumption will be that the lessor has acted in breach of their duties under the obligation if

1.  the structural change is not commenced within twelve months of the date announced as the commencement date or, if no information was provided in this regard, twelve months following receipt of the announcement of the structural change,

2.  a rent increase is stated in the notice defined in section 555c (1) by which the monthly rent at a minimum would double,

3.  the structural change is implemented in a manner that is suited to lead to significant inconvenience for the lessee without this objectively being necessary, or if,

4.  after commencement of the structural change, the work is put on hold for longer than twelve months.

This presumption does not apply if the lessor demonstrates that a logically understandable, objective reason is given for their conduct in the individual case.

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