E. Rights of the lessee on non-performance or defective performance
1 The provisions on leases in Title 8 (Art. 258 and 259a–259i) apply mutatis mutandis:
- a.
- where the lessor fails to hand over the property on the agreed date or hands it over in a defective condition;
- b.
- where defects arise in the object which are not attributable to the lessee and which he is not obliged to remedy at his own expense, or where he is prevented from using the object as contractually agreed.
2 Clauses to the contrary to the detriment of the lessee are void if they are set out:
- a.
- in previously formulated general terms and conditions;
- b.
- in usufructuary leases for residential or commercial premises.
