(1) A contract for the tenancy or lease of immovables or premises concluded by the debtor as tenant or lessee may be terminated by the insolvency administrator without regard to the agreed term of the contract or an agreed exclusion of a right to the legal period of notice; the period of notice is three months to the end of the month unless another shorter period is applicable. Where the subject-matter of the lease agreement is the debtor’s dwelling, termination is to be replaced by the right of the insolvency administrator to declare that claims becoming due on expiry of the period specified in sentence 1 may not be asserted in the insolvency proceedings. If the administrator terminates under sentence 1 or submits the declaration in accordance with sentence 2, the other party may claim damages as an insolvency creditor for premature termination of such contract.
(2) If the debtor had not yet entered into possession of the immovables or premises when the insolvency proceedings were opened, the administrator and the other party may withdraw from such contract. If the administrator withdraws from the contract, the other party may claim damages as an insolvency creditor for premature termination of the contract. At the other party’s request, each party may state within two weeks whether it intends to withdraw from the contract; if any of the parties do not give their statement, they lose the right to withdraw.