(1) The usufructuary lessee may demand continuation of the lease from the lessor if
1. in the case of a commercial usufructuary lease, the business constitutes the economic basis of their existence,
2. in the case of a usufructuary lease of a plot of land, the lessee is dependent on this plot of land to maintain their business, which is the economic basis of their existence,
and termination of the lease as contractually agreed would constitute a hardship for the lessee or their family that would not be justifiable even if the legitimate interests of the lessor were taken into account. Subject to these prerequisites, continuation may be demanded repeatedly.
(2) In the case governed by subsection (1), the usufructuary lessee may demand that the lease be continued as long as is appropriate considering all circumstances. If the usufructuary lessor cannot reasonably be required to continue the lease under the previously applicable contract terms, then the lessee may demand that it be continued with an appropriate amendment of the terms.
(3) The usufructuary lessee may not demand continuation of the lease from the usufructuary lessor if
1. they have terminated the lease,
2. the usufructuary lessor is entitled to terminate the lease for cause without notice, or, in the case governed by section 593a, to terminate the lease for cause observing the statutory notice period,
3. the lease period, in the case of a usufructuary lease of a business, the leasing of additional plots of land as a result of which a business is created, or in the case of the lease of marshland or wasteland that has been cultivated by the usufructuary lessee, has been agreed for at least 18 years, or in the case of the lease of other plots of land for at least 12 years,
4. in the case of property leased only temporarily under a usufructuary lease, the usufructuary lessor wishes to repossess it for their own use or to use it to perform statutory or other public tasks.
(4) The declaration of the usufructuary lessee demanding the continuation of the lease requires the written form. Upon demand by the usufructuary lessor, the usufructuary lessee as a rule is to provide information without undue delay on their reasons for demanding continuation.
(5) The usufructuary lessor may refuse continuation of the lease if the usufructuary lessee failed to demand continuation from the usufructuary lessor at least one year prior to termination of the lease or if, upon an inquiry by the usufructuary lessor under section 594, they rejected the continuation. If a period of notice of 12 months or less has been agreed, then it suffices if the demand is declared within one month of receipt of the notice of termination.
(6) If agreement is reached, then the Agricultural Court (Landwirtschaftsgericht) decides upon application on a continuation and on the lease period, and also on the conditions under which the lease will be continued. The court may order continuation of the lease, but only up to a date that, starting from the commencement of the current lease, does not exceed the periods stated in subsection (3) no. 3. Continuation may be limited to a part of the leased property.
(7) The usufructuary lessee is to file the application for a court decision with the Agricultural Court (Landwirtschaftsgericht) at the latest nine months prior to termination of the lease and, in the case of a period of notice of 12 months or less, two months following receipt of notice of termination. The court may admit the application at a later date if it appears called for to avoid undue hardship and the lease has not yet expired.
(8) The right to demand extension of the lease under subsections (1) to (7) may only be waived if the waiver is declared by way of settling a lease dispute heard in a court of law or by a professional lease conciliation board. An agreement that one party to the lease is to have particular advantages or particular disadvantages if the party exercises or does not exercise the rights under subsections (1) to (7) is ineffective.