§ 172

Regarding the right of termination under § 171, nr. 1, the following limitations apply:

1)If the tenancy concerns a residential apartment, it is a condition that the landlord intends to occupy the apartment themselves.

2)The termination must be reasonable based on an assessment of both parties' circumstances. In making the decision, consideration must be given, among other things, to how long the landlord has owned the property and, in the case of terminating a tenant of a residential apartment, the tenant's ability to find other suitable housing.

3)In the case of premises rented for business purposes, the landlord cannot terminate the lease with the intention of conducting business in the same industry as the tenant.

4)If the rented property is a condominium, the tenancy is only subject to the right of termination if the lease was entered into after the property's division into condominiums. If the lease agreement was entered into on January 1, 1980, or later, it is also required that the tenant was informed at the beginning of the tenancy that the rented property is a condominium and that termination can occur under § 171, nr. 1. If the lease agreement was entered into on July 1, 1986, or later, it is also required that the landlord has previously occupied the apartment.

5)A tenant cannot be terminated as long as the tenant is a resident representative.

6)If the landlord resides in an apartment in the property at the time of giving notice, the landlord must simultaneously offer the tenant the opportunity to take over this apartment.

7)If the property is owned jointly by several persons, the owners can only terminate the tenant of one residential apartment.