Lease Contract for Austria

Lease Contract Template for Austria

An Austrian lease contract (Mietvertrag) is a legally binding agreement governed by Austrian law, specifically the Austrian Civil Code (ABGB) and the Tenancy Act (MRG). This document establishes the terms and conditions for the temporary use of real property in exchange for rent, detailing the rights and obligations of both landlord and tenant. It includes essential provisions regarding rent payment, duration, maintenance responsibilities, operating costs, and termination conditions, while ensuring compliance with Austrian tenant protection regulations and local property laws.

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What is a Lease Contract?

A Lease Contract under Austrian law is essential for documenting rental arrangements of real property, whether residential or commercial. This document is required whenever a property owner (landlord) grants temporary use rights to another party (tenant) in exchange for rent. The agreement must comply with Austrian legislation, particularly the ABGB (Austrian Civil Code) and MRG (Tenancy Act), which provide strong tenant protections. The contract typically includes detailed provisions about the property, rental terms, maintenance obligations, operating costs, and termination conditions. It's particularly important as Austrian lease law can be quite complex, with different rules applying depending on the property type, built date, and intended use. The document serves as the primary reference point for the entire landlord-tenant relationship and is crucial for legal certainty and dispute prevention.

What sections should be included in a Lease Contract?

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

2. Background: Brief context of the lease arrangement and property ownership

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the rental property including address and specific included areas

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

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and rent review mechanisms

7. Operating Costs and Utilities: Distribution of operating costs (Betriebskosten) and utility charges between parties

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

9. Use of Property: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities of each party regarding maintenance, repairs, and improvements

11. Insurance: Required insurance coverage for both parties

12. Termination: Conditions and process for lease termination by either party

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

14. Signatures: Execution section for all parties

What sections are optional to include in a Lease Contract?

1. Subletting Rights: Include when subletting is to be permitted, specifying conditions and approval process

2. Pet Provisions: Include when pets are allowed or specifically prohibited

3. Commercial Use: Include for mixed-use properties or when commercial activities are permitted

4. Renovation Rights: Include when specific renovation rights are granted to tenant

5. Parking: Include when parking spaces are part of the lease

6. Garden/External Areas: Include when external areas are part of the lease

7. Building Rules: Include for properties in multi-unit buildings

8. Energy Performance: Include when specific energy performance certificates or requirements apply

What schedules should be included in a Lease Contract?

1. Schedule 1 - Property Plan: Floor plan and measurements of the leased property

2. Schedule 2 - Inventory List: Detailed list of furniture and equipment included in the lease

3. Schedule 3 - Condition Report: Initial condition of the property with photographs

4. Schedule 4 - House Rules: Building or complex rules and regulations

5. Schedule 5 - Operating Costs Breakdown: Detailed breakdown of operating costs and calculation method

6. Schedule 6 - Energy Performance Certificate: Copy of the property's energy performance certificate

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

8. Schedule 8 - Approved Alterations: List of pre-approved alterations tenant may make to the property

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Hospitality

Office Space

Industrial

Agriculture

Healthcare

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Compliance

Risk Management

Property Management

Asset Management

Corporate Services

Administrative Services

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Compliance Officer

Facilities Manager

Asset Manager

Real Estate Agent

Leasing Manager

Contract Administrator

Building Manager

Operations Director

Corporate Real Estate Manager

Housing Administrator

Risk 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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