(1) A lease may be entered into for a specified period of time if the lessor upon termination of the lease period
1. wishes to use the premises as a dwelling for themselves, their relatives or members of their household, or
2. wishes to eliminate the premises or change or repair them in permissible fashion to such a substantial degree that the measures would be significantly more difficult were the lease to be continued, or
3. wishes to lease the premises to a person obliged to perform services
and the lessor notifies the lessee in writing of the reasons for the fixed term at conclusion of the lease agreement. Otherwise the lease is deemed to have been concluded for an indefinite period of time.
(2) At the earliest four months prior to expiry of the fixed term, the lessee may demand of the lessor that the latter notify them within one month whether the grounds for the fixed term still apply. If the notification occurs later, then the lessee may demand an extension of the lease by the period of time of the delay.
(3) If the reason for the fixed term occurs later, then the lessee may demand an extension of the lease by an equivalent period of time. If the reason ceases to exist, then the lessee may demand an extension for an indefinite period of time. The burden of proof as to the reason for setting a fixed term having arisen and for the duration of the delay is on the lessor.
(4) A deviating agreement to the disadvantage of the lessee is ineffective.