(1) If title is created regarding leased residential premises after they were made available to the lessee for the latter’s use and the title to the residential premises has been alienated, then an acquirer may only rely on a legitimate interest within the meaning of section 573 (2) nos. 2 or 3 after the end of three years after the alienation.
(1a) The restriction of termination in accordance with subsection (1) applies accordingly if the leased residential space, after having been made available to the lessee for the latter’s use,
1. has been alienated to a partnership or to several purchasers, or
2. has been encumbered to the benefit of a partnership or several purchasers with a right through the exercise of which the lessee is deprived of the contractually agreed use.
Sentence 1 is not to be applied if the shareholders or purchasers belong to the same family or to the same household, or if title to the residential premises had been created prior to the residential space having been made available to the lessee for the latter’s use.
(2) The period under subsection (1) or under subsection (1a) is up to 10 years if the adequate supply of leased dwellings to the population on reasonable conditions in a municipality or part of a municipality is particularly jeopardised and these areas are specified under sentence 2. The Land governments are authorised to specify these territories and the period of time under sentence 1 by statutory instrument, which is to have a duration of 10 years at most in each case.
(2a) If title to residential premises has been created subsequent to an alienation or encumbrance within the meaning of subsection (1a), the period within which termination has been ruled out in accordance with section 573 (2) no. 2 or 3 begins running already at the time of the alienation or encumbrance in accordance with subsection (1a).
(3) A deviating agreement to the disadvantage of the lessee is ineffective.