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Article 348

  • 1

    The lessee shall not be authorized to change the use, furnishing or appearance of the leased property in whole or in part except with the written consent of the lessor, except for changes and additions that can be undone and removed at the end of the lease without significant expense.

  • 2

    If the lessor does not grant permission, the lessee may apply to the Land Chamber for authorization to make the changes. If the lessor is not also the owner, usufructuary or leaseholder of the property, the lessor shall ensure that the owner, usufructuary or leaseholder is also summoned to appear in good time. If the property is mortgaged, this obligation also exists with respect to the mortgagee.

  • 3

    The Land Chamber shall grant the authorization only if the changes are necessary for an efficient use of the leased property by the tenant and no serious objections on the part of the lessor oppose their making.

  • 4

    The land chamber may attach conditions to the authorization or impose a charge thereby. It may increase the lease price at the request of the lessor, if the changes warrant it.

Information valid on 12-05-2021

Regulations based on this article (delegated regulations)

No

Policies and circulars that have this article as legal authority

No

Articles or similar text referring to this article

  1. Civil Code Book 7
    article: 349, 350, 395, 399

  2. Implementation decree on leasehold
    article: 16

  3. Land Chambers Implementation Act
    article: 19

Summary of changes for this article

(12-05-2021)

Origination source

Entry into force

Effective date

Retroactivity

Subject

Signature

Announcement

Chamber documents

Signature

Announcement

Note

2007

new

2007

Stb. 2007, 163

30448

2007

Stb. 2007, 165