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Commercial Space Lease Agreement

Commercial Space Lease Agreement Template for Austria

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Key Requirements PROMPT example:

Commercial Space Lease Agreement

"I need a Commercial Space Lease Agreement under Austrian law for a retail space in a shopping center in Vienna, with a 5-year term starting March 1, 2025, including specific provisions for seasonal pop-up subletting rights and shared common area maintenance."

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Document background
A Commercial Space Lease Agreement is essential for businesses seeking to establish their operations in physical premises in Austria. This document serves as the primary contract governing the relationship between commercial landlords and tenants, detailing their respective rights and obligations. It is structured to comply with Austrian legislation, particularly the Mietrechtsgesetz (MRG) and Allgemeines Bürgerliches Gesetzbuch (ABGB), while addressing specific commercial requirements such as permitted use, maintenance responsibilities, operating costs, and termination provisions. The agreement is typically used when businesses need to lease retail spaces, offices, industrial units, or other commercial properties, and includes crucial elements such as rent calculations, security deposits, insurance requirements, and property management arrangements.
Suggested Sections

1. Parties: Identification of lessor and lessee with full legal names, registration numbers (if applicable), and addresses

2. Background: Context of the lease agreement and brief description of the commercial property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the leased premises, including exact location, size, and permitted use

5. Term and Commencement: Duration of the lease, commencement date, and any renewal options

6. Rent and Operating Costs: Base rent, payment terms, operating costs (Betriebskosten), and utility charges

7. Security Deposit: Amount, form, and conditions of the security deposit

8. Use of Premises: Permitted commercial activities and any restrictions on use

9. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and improvements

10. Insurance and Liability: Required insurance coverage and allocation of risks

11. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises

12. Termination: Grounds for termination, notice periods, and procedures

13. Return of Premises: Conditions for returning the premises at lease end

14. Governing Law: Confirmation of Austrian law application and jurisdiction

15. Signatures: Execution block for all parties

Optional Sections

1. Rent Indexation: Details of rent adjustment mechanisms based on inflation or other indices - include when long-term lease is contemplated

2. Fit-out Works: Specifications for initial tenant improvements - include when premises require modification for tenant's use

3. Operating Hours: Specific provisions regarding business hours and access - include for retail or shopping center locations

4. Common Areas: Rights and obligations regarding shared facilities - include for multi-tenant buildings

5. Marketing and Signage: Rules for exterior and interior signage - include for retail locations

6. Environmental Provisions: Special environmental obligations - include for industrial or specialized commercial uses

7. Property Management: Building management rules - include for managed commercial complexes

8. Break Clause: Early termination options - include when specifically negotiated

9. Force Majeure: Provisions for extraordinary circumstances - include based on specific business needs

Suggested Schedules

1. Floor Plan: Detailed plan showing the leased area and measurements

2. Inventory List: List of any fixtures, fittings, or equipment included in the lease

3. Operating Costs Breakdown: Detailed list of includable operating costs and calculation method

4. House Rules: Building regulations and conduct rules

5. Maintenance Schedule: Detailed breakdown of maintenance responsibilities

6. Handover Protocol: Document for recording property condition at start of lease

7. Energy Performance Certificate: Mandatory energy efficiency documentation

8. Insurance Requirements: Detailed specifications of required insurance coverage

9. Fit-out Specifications: Technical requirements for any permitted tenant improvements

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Alterations
Applicable Laws
Base Rent
Betriebskosten
Building
Building Rules
Business Day
Commencement Date
Common Areas
Confidential Information
Default Interest Rate
Deposit
Effective Date
Energy Performance Certificate
Environmental Laws
Event of Default
Expiry Date
Fair Wear and Tear
Force Majeure
Handover Protocol
House Rules
Insurance Requirements
Landlord
Lease Term
Lease Year
Licensed Areas
Maintenance
Operating Costs
Operating Hours
Parking Spaces
Permitted Use
Premises
Property
Rent
Rent Index
Repair
Security Deposit
Service Charges
Structural Elements
Tenant
Tenant Improvements
Term
Utilities
VAT
Working Days
Clauses
Definitions
Property Description
Grant of Lease
Term and Duration
Rent Payment
Operating Costs
Security Deposit
Utilities and Services
Permitted Use
Maintenance and Repairs
Alterations and Improvements
Insurance
Assignment and Subletting
Landlord's Obligations
Tenant's Obligations
Common Areas
Access Rights
Building Rules
Environmental Compliance
Health and Safety
Signage and Advertising
Force Majeure
Default and Remedies
Early Termination
Surrender of Premises
Liability and Indemnification
Notices
Confidentiality
Dispute Resolution
Governing Law
VAT and Taxation
Entire Agreement
Severability
Representations and Warranties
Registration and Notarization
Property Management
Utilities Management
Operating Hours
Parking Rights
Fire Safety
Energy Efficiency
Relevant Industries

Retail

Office Space

Industrial

Hospitality

Healthcare

Professional Services

Manufacturing

Logistics

Technology

Entertainment

Food and Beverage

Banking and Financial Services

Education

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Procurement

Risk and Compliance

Business Development

Property Management

Asset Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Manager

Facilities Manager

Property Manager

Legal Counsel

Commercial Director

Operations Manager

Business Development Manager

Finance Director

Procurement Manager

Asset Manager

Real Estate Agent

Leasing Manager

Risk Manager

Compliance Officer

Industries
Mietrechtsgesetz (MRG): Austrian Tenancy Act - The primary legislation governing lease agreements in Austria, including specific provisions for commercial leases regarding rent determination, maintenance obligations, and termination rules
Allgemeines Bürgerliches Gesetzbuch (ABGB): Austrian Civil Code - Contains fundamental provisions on contract law and property rights, particularly §§ 1090-1121 regarding lease agreements
Unternehmensgesetzbuch (UGB): Austrian Commercial Code - Relevant for commercial transactions and business-related aspects of the lease
Bauordnung: Building Regulations - Relevant for compliance with building standards, usage requirements, and permitted commercial activities in the space
Konsumentenschutzgesetz (KSchG): Consumer Protection Act - May apply if one party qualifies as a consumer under Austrian law
Energieausweis-Vorlage-Gesetz (EAVG): Energy Performance Certificate Submission Act - Requires provision of energy performance certificates for commercial properties
Gewerbeordnung: Trade Regulation Act - Relevant for ensuring the leased space complies with requirements for intended commercial use
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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