Agreement Between Landlord And Tenant Template for Austria

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Key Requirements PROMPT example:

Agreement Between Landlord And Tenant

"I need a standard Agreement Between Landlord And Tenant for a residential apartment in Vienna, Austria, starting from March 1, 2025, with standard terms and Austrian law compliance."

Document background
The Agreement Between Landlord And Tenant is a vital legal document used in Austria to formalize residential and commercial rental arrangements. It must comply with strict requirements under the Austrian Tenancy Act (Mietrechtsgesetz) and General Civil Code (ABGB), which provide significant tenant protections and regulate various aspects of the rental relationship. This agreement is essential when any property is being rented in Austria, whether for residential or commercial purposes, and must include specific mandatory provisions regarding rent control, maintenance obligations, notice periods, and termination rights. The document needs to be comprehensive yet clear, covering all aspects from property description and rental terms to utilities and maintenance responsibilities, while ensuring compliance with Austrian consumer protection laws and housing regulations.
Suggested Sections

1. Parties: Identification and contact details of the landlord and tenant, including full legal names, addresses, and registration numbers if applicable

2. Background: Brief context of the rental arrangement and confirmation that the landlord has the right to lease the property

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Term', 'Rent', and other relevant definitions

4. Property Description: Detailed description of the rental property, including address, size, included fixtures, and category under MRG (if applicable)

5. Term of Lease: Duration of the lease, start date, and conditions for renewal or termination in accordance with MRG requirements

6. Rent and Payment Terms: Monthly rent amount, payment schedule, operating costs (Betriebskosten), and utility charges

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Landlord's Obligations: Maintenance responsibilities, repairs, and other obligations under Austrian law

9. Tenant's Obligations: Care of property, permitted use, maintenance responsibilities, and compliance with house rules

10. Insurance: Required insurance coverage for both parties

11. Maintenance and Repairs: Detailed breakdown of maintenance responsibilities and repair procedures

12. Termination: Grounds for termination, notice periods, and procedures in compliance with MRG

13. Final Provisions: Governing law, jurisdiction, and formal requirements for modifications

Optional Sections

1. Subletting: Include when subletting might be permitted, specifying conditions and approval process

2. Pets: Include when specific rules about keeping pets need to be addressed

3. Commercial Use: Include when partial commercial use of the property might be permitted

4. Parking: Include when parking spaces are part of the rental agreement

5. Garden/Outdoor Space: Include when the property includes garden or outdoor areas with specific usage rights

6. Energy Efficiency: Include detailed energy efficiency provisions when the property has specific energy-related features or requirements

7. Building Works: Include when alterations or improvements by the tenant might be permitted

8. Special Equipment: Include when the property includes special equipment or appliances with specific usage terms

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed inventory of furniture, fixtures, and fittings, including their condition

2. Schedule 2 - House Rules (Hausordnung): Building regulations and community rules

3. Schedule 3 - Handover Protocol: Condition report to be completed at the start of tenancy

4. Schedule 4 - Operating Costs Breakdown: Detailed list of operating costs and their calculation method

5. Schedule 5 - Energy Performance Certificate: Copy of the property's energy performance certificate

6. Schedule 6 - Floor Plan: Detailed floor plan of the rental property

7. Schedule 7 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

8. Appendix A - Utility Providers: List of utility providers and account information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Development

Facility Management

Property Investment

Social Housing

Relevant Teams

Legal

Real Estate

Property Management

Operations

Facilities

Asset Management

Tenant Relations

Contract Administration

Property Services

Investment

Risk Management

Compliance

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Facility Manager

Asset Manager

Leasing Manager

Property Administrator

Real Estate Investment Manager

Tenant Relations Manager

Building Manager

Contract Administrator

Real Estate Portfolio Manager

Property Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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