If, subsequent to the leased residential space being made available to the lessee for the latter’s use, the lessor encumbers it by a third-party right, then sections 566 to 566e are to be applied accordingly if, by exercise of the right, the lessee is deprived of the contractually agreed use of the leased residential space. If the lessee is restricted by the exercise of this right in their contractually agreed use, then the third party has a duty to the lessee to refrain from exercising the right to the extent that exercising the right would adversely affect the contractually agreed use.
Home› Civil Code & Private Law› BGB (EN)
Book 2 · Law of obligations › Chapter 4 · Change of contractual parties › Section 567
Encumbrance of the residential space by the lessor
←→ also move between sections