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Book 2 · Law of obligations  ›  Subtitle 5 · Farm lease › Section 593

Amendment of farm leases

(1) If, after the usufructuary lease is concluded, the circumstances that were relevant for the determination of the performance under the lease change with lasting effect in such a way that the reciprocal duties of the parties are grossly disparate, then each party to the lease may demand an amendment of the lease, to the exception of the duration of the usufructuary lease. If, as a result of the cultivation of the leased property by the usufructuary lessee, its yield improves or deteriorates, then, to the extent not otherwise agreed, an amendment of the lease may not be demanded.

(2) An amendment may be demanded at the earliest two years after the commencement of the lease or after the most recent amendment of the performance under the lease has become effective. This does not apply if devastating natural events against which insurance coverage is not customary fundamentally and permanently have changed the balance between the acts of performance under the lease.

(3) Amendment may not be demanded for a period prior to the lease year in which the demand for amendment is declared.

(4) If one party to the lease refuses to consent to an amendment of the lease, then the other party may apply to the Agricultural Court (Landwirtschaftsgericht) for a decision.

(5) The right to demand an amendment of the lease under subsections (1) to (4) may not be waived. An agreement that one party to the lease is to enjoy special advantages or suffer special disadvantages if they exercise or fail to exercise the rights under subsections (1) to (4) is ineffective.

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