(1) The lessor may only give notice if they have a legitimate interest in the termination of the lease. Notice of termination for the purpose of increasing the rent is excluded.
(2) A legitimate interest of the lessor in the termination of the lease exists in particular in cases where
1. the lessee culpably has violated their contractual duties to a greater than insignificant degree,
2. the lessor needs the premises as a dwelling for themselves, their relatives or members of their household, or
3. the lessor, by continuing the lease, would be prevented from making appropriate economic use of the plot of land and as a result would suffer substantial disadvantages; the possibility of attaining a higher rent by leasing the residential space to others is not an option to be considered in this context; the lessor likewise may not invoke the fact that they wish to alienate the residential premises in connection with the intended creation of title to the residential premises, or in connection with a creation of title to the residential premises that was effected after the leased residential space was made available to the lessee for the latter’s use.
(3) The reasons for a legitimate interest of the lessor are to be stated in the notice of termination. Other reasons are taken into account only to the extent that they arose subsequently.
(4) A deviating agreement to the disadvantage of the lessee is ineffective.