(1) The usufructuary lessee is to tolerate impacts on the leased property necessary to maintain it.
(2) Measures to improve the leased property are to be tolerated by the usufructuary lessee, unless the measure would constitute a hardship for them that is not justifiable even taking the legitimate interests of the usufructuary lessor into account. The usufructuary lessor is to reimburse the usufructuary lessee the expenses incurred and yield lost as a result of the measure in a scope reasonable under the circumstances. On demand, the usufructuary lessor is to make an advance payment.
(3) To the extent that the usufructuary lessee, due to measures under subsection (2) sentence 1 obtains a higher yield or could obtain it with proper management, the usufructuary lessor may demand that the usufructuary lessee consent to a reasonable increase in rent unless the usufructuary lessee cannot reasonably be required to accept an increase in rent in view of the circumstances of the business.
(4) Upon application, the Agricultural Court (Landwirtschaftsgericht) decides on disputes under subsections (1) and (2). If the usufructuary lessee fails to give consent in the cases governed by subsection (3), then the Agricultural Court may give substitute consent on application by the usufructuary lessor.