Article 296

• 1

  If the notice of termination was given by the end of the first term referred to in Article 292(1) for which the lease is or was entered into, the court may grant the claim only on the ground that:

  • a.

    the tenant's conduct of business has not been as befits a good tenant, or

  • b.

    the landlord makes it plausible that he, his spouse, his registered partner, a relative by blood or marriage in the first degree or a foster child wishes to personally take the leased premises into permanent use and that he urgently needs the leased premises for that purpose. Permanent use does not include alienation of the business premises, but does include renovation of the business premises which is not possible without termination of the lease.

• 2

  A claim instituted on the ground referred to in paragraph 1 under b shall not be admissible if the landlord is the legal successor of a previous landlord and he is not his spouse, registered partner, relative by blood or marriage in the first degree or foster child, and the termination took place within three years after the tenant was notified in writing of the succession. Foster child means one who has been permanently cared for and raised as one's own child.

• 3

  If the notice of termination was given towards the end of the period by which the contract was extended under Article 292, paragraph 2, the court may grant the claim, on the basis of a reasonable weighing of the interests of the lessor in terminating the contract against those of the lessee and of the subtenant to whom the sublease was authorized, in extending the contract. The court shall in any case reject the claim if the tenant, upon a reasonable weighing of the aforementioned interests of him and of the subtenant to whom the sublease is authorized, against the aforementioned interests of the landlord, cannot be required to vacate the leased property.

• 4

  In the case of paragraph 3, the court shall grant the claim in any case if one of the grounds described in paragraph 1 (a) and (b), in conjunction with paragraph 2, occurs and further if:

  • c.

    the tenant does not consent to a reasonable offer to enter into a new agreement with respect to the leased premises, provided such offer does not include a change in the rent, or

  • d.

    the landlord wishes to implement a zoning designation on the leased property pursuant to a valid zoning plan.

• 5

  If the court grants the claim, it also sets the time of eviction. The award counts as an order to evict by that time.