Rent To Own Home Contract Template for Austria

The Rent To Own Home Contract (Mietkauf) is designed for situations where a prospective property buyer wishes to occupy and eventually purchase a property but requires or prefers a gradual transition to ownership. This document, governed by Austrian law, establishes a hybrid arrangement where the occupant initially rents the property while building equity towards its purchase. The agreement must comply with multiple Austrian legal frameworks, including the ABGB, MRG, and consumer protection laws. It is particularly useful for buyers who need time to arrange financing or want to test the property before committing to purchase. The contract includes detailed provisions for rental payments, purchase price determination, maintenance responsibilities, and the specific conditions and process for exercising the purchase option. This document structure is especially relevant in the Austrian real estate market, where such arrangements are recognized and regulated under specific legal provisions.

1. Parties: Identification of the property owner/seller and the tenant/potential buyer

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

3. Definitions: Key terms used throughout the agreement including Property, Purchase Price, Rental Period, Option Period

4. Property Description: Detailed description of the property including land register details (Grundbuch)

5. Rental Terms: Terms of the rental period including rent amount, payment schedule, and duration

6. Purchase Option Terms: Conditions for exercising the purchase option, including final purchase price and credit for rental payments

7. Rental Payment Allocation: Breakdown of how rental payments are allocated between rent and purchase price credit

8. Maintenance and Repairs: Responsibilities for property maintenance during the rental period

9. Insurance Requirements: Required insurance coverage during rental period and transition to ownership

10. Property Transfer Conditions: Process and requirements for transferring property ownership

11. Default and Termination: Consequences of default and conditions for contract termination

12. Taxes and Expenses: Allocation of property taxes, transfer taxes, and other expenses

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