Office Sublease Agreement Template for Austria

An Office Sublease Agreement is essential when an existing tenant wishes to sublease all or part of their leased office space to another occupier in Austria. This document type is commonly used when companies need to optimize their space usage, reduce costs, or maintain flexibility in their real estate commitments. The agreement must comply with Austrian commercial tenancy laws, including the Mietrechtsgesetz and relevant provisions of the ABGB. It typically requires the head landlord's consent and must align with the original lease terms. The document covers crucial aspects such as precise space definition, rental terms, duration, permitted use, maintenance obligations, insurance requirements, and service charge arrangements. This type of agreement is particularly relevant in dynamic business environments where space requirements may change rapidly.

1. Parties: Identification of the sublandlord and subtenant, including full legal names, registration numbers (if applicable), and addresses

2. Background: Context of the sublease, including reference to the head lease and confirmation of authority to sublease

3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Term', 'Rent', 'Service Charges', etc.

4. Grant of Sublease: Formal grant of the sublease and description of the subleased premises

5. Term: Duration of the sublease, including start and end dates, and any option to extend

6. Rent and Other Payments: Rent amount, payment schedule, method of payment, and other financial obligations

7. Service Charges: Details of service charges, operating costs, and utilities payments

8. Use of Premises: Permitted use of the office space and any restrictions

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and replacements

10. Insurance: Insurance requirements for both parties

11. Subtenant's Obligations: Complete list of subtenant's responsibilities and covenants

12. Sublandlord's Obligations: Complete list of sublandlord's responsibilities and covenants

13. Assignment and Further Subletting: Restrictions and conditions for assignment or further subletting

14. Termination: Grounds for termination and the process involved

15. Return of Premises: Conditions for returning the premises at the end of the sublease

16. Governing Law: Confirmation of Austrian law as governing law and jurisdiction