Lease Break Agreement Template for Austria

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Key Requirements PROMPT example:

Lease Break Agreement

"I need a Lease Break Agreement for terminating a commercial office lease in Vienna early, with a planned termination date of March 31, 2025, including provisions for the removal of tenant-installed office equipment and settlement of outstanding utility bills."

Document background
A Lease Break Agreement is essential when parties wish to formally terminate a lease before its scheduled end date. This document, governed by Austrian law, particularly the ABGB and Mietrechtsgesetz, provides a structured framework for early lease termination while protecting both parties' interests. It should be used when there is mutual agreement to end the lease early, or when exercising specific break clause rights within the original lease. The agreement typically includes key provisions about termination dates, final payments, property condition requirements, and the return of security deposits. The Lease Break Agreement ensures compliance with Austrian tenancy laws while providing clear documentation of the parties' agreement to terminate and their respective obligations during the termination process.
Suggested Sections

1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and any registration numbers for legal entities

2. Background: Brief description of the existing lease agreement, including its date, property address, and original term

3. Definitions: Key terms used in the agreement, including 'Termination Date', 'Property', 'Original Lease', etc.

4. Early Termination Agreement: Clear statement of mutual agreement to terminate the lease early and the effective termination date

5. Final Settlement: Details of final rent payment, utilities settlement, and handling of security deposit

6. Property Inspection and Handover: Requirements for property condition upon return and the inspection process

7. Release of Obligations: Mutual release of future obligations under the original lease, subject to completing all termination requirements

8. Governing Law: Confirmation that the agreement is governed by Austrian law

9. Signatures: Execution section for all parties to sign, including date and place of signing

Optional Sections

1. Outstanding Repairs: Details of any repairs required before lease termination, used when property damage needs to be addressed

2. Modifications Restoration: Requirements for removing or retaining tenant modifications, used when tenant has made alterations to the property

3. Third Party Notifications: Requirements for notifying utility providers or insurance companies, used when such notifications are relevant

4. Key Return Protocol: Specific arrangements for returning keys and access devices, used for properties with multiple keys or security systems

5. Forwarding Address: Tenant's new address for future correspondence, used when ongoing communication might be necessary

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed list of fixtures and fittings to be checked during final inspection

2. Schedule 2 - Settlement Calculation: Breakdown of final payments including rent, utilities, and security deposit calculations

3. Schedule 3 - Handover Protocol: Checklist for property inspection and handover process

4. Appendix A - Original Lease Agreement: Copy of the original lease agreement being terminated

5. Appendix B - Property Photographs: Current photographs of the property condition (if required)

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 Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Office Space

Industrial

Hospitality

Healthcare

Education

Relevant Teams

Legal

Property Management

Real Estate Operations

Facilities Management

Asset Management

Tenant Relations

Contract Administration

Property Administration

Lease Administration

Operations

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Leasing Manager

Asset Manager

Operations Manager

Contract Administrator

Tenant Relations Manager

Real Estate Attorney

Property Administrator

Building Manager

Housing Manager

Commercial Property 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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