§ 166

If parties who have shared a household for at least 2 years terminate their cohabitation, they may agree on which party shall have the right to continue the tenancy of an apartment that has served as their common residence. If the parties cannot agree on an arrangement, cf. the 1st sentence, a court may decide, when special reasons, particularly considering the interests of the parties' minor children, warrant it, which party shall have the right to continue the tenancy. § 165, 2nd sentence, applies correspondingly.