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Rental Deposit Form

Rental Deposit Form Template for Austria

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Key Requirements PROMPT example:

Rental Deposit Form

"I need a Rental Deposit Form for a commercial property in Vienna, where the deposit will be provided as a bank guarantee from Erste Bank, with the tenancy starting March 1, 2025, and involving three corporate tenants who will share the deposit responsibility."

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Document background
The Rental Deposit Form is a crucial document in Austrian rental transactions, used whenever a security deposit is required as part of a rental agreement. This document, governed by Austrian law (particularly the Mietrechtsgesetz and ABGB), serves to protect both landlord and tenant interests by clearly documenting the terms of the security deposit arrangement. It specifies the deposit amount (typically capped at six months' rent), form of payment, banking arrangements for interest-bearing accounts, and conditions for return. The form is essential for compliance with Austrian legal requirements regarding rental deposits and provides necessary documentation for potential future dispute resolution. It should be executed alongside the main rental agreement and includes provisions for various deposit forms, including cash deposits, bank guarantees, or deposit insurance.
Suggested Sections

1. Parties: Full legal names and addresses of both the landlord and tenant

2. Background: Reference to the main rental agreement, including its date and the property address

3. Definitions: Key terms used in the document, including 'Deposit', 'Rental Agreement', and 'Property'

4. Deposit Amount: Specification of the exact deposit amount and confirmation that it complies with legal limits

5. Form of Deposit: Details of how the deposit is provided (cash, bank transfer, bank guarantee, etc.)

6. Bank Account Details: Information about the interest-bearing savings account where the deposit will be held

7. Interest Arrangements: Details about how interest earned on the deposit will be handled

8. Conditions for Return: Specific conditions under which the deposit will be returned, including inspection requirements and timeframes

9. Signatures: Space for dated signatures of both parties

Optional Sections

1. Bank Guarantee Terms: Required only when the deposit is provided in the form of a bank guarantee instead of cash

2. Third-Party Guarantor Details: Required when a third party is providing the deposit guarantee

3. Insurance Alternative: Details of rental deposit insurance if this alternative form of security is used

4. Dispute Resolution: Optional section detailing the process for resolving disputes about deposit deductions

5. Multiple Tenant Provisions: Required when there are multiple tenants sharing responsibility for the deposit

Suggested Schedules

1. Receipt Confirmation: Written confirmation of deposit payment or guarantee provision

2. Property Condition Report: Reference to or inclusion of the initial property condition report that will be used when assessing deposit returns

3. Bank Account Certification: Confirmation from the bank about the establishment of the dedicated interest-bearing account

4. Calculation Method: Detailed explanation of how potential deductions from the deposit will be calculated

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
Property
Rental Agreement (Mietvertrag)
Deposit (Kaution)
Landlord (Vermieter)
Tenant (Mieter)
Interest-Bearing Account (Verzinsliches Konto)
Bank Guarantee (Bankgarantie)
Deposit Insurance (Mietkautionsversicherung)
Property Manager (Hausverwalter)
Rental Period
Due Date
Deposit Return Date
Property Condition Report (Übergabeprotokoll)
Permitted Deductions
Interest Rate
Banking Day
Force Majeure
Security Interest
Guarantor (Bürge)
Notice Period
Inspection Date
Damage Claims
Working Day (Werktag)
Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Management

Banking & Financial Services

Insurance

Legal Services

Property Development

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Operations

Asset Management

Tenant Relations

Risk Management

Administrative Services

Facilities Management

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Compliance Officer

Housing Administrator

Tenant Relations Manager

Property Administrator

Real Estate Portfolio Manager

Facilities Manager

Asset Manager

Property Services Coordinator

Rental Operations Manager

Legal Administrator

Risk Management Officer

Industries
Mietrechtsgesetz (MRG): The Austrian Tenancy Act, particularly § 16b MRG, which regulates the maximum amount of security deposit (usually not exceeding 6 months' rent) and the general framework for rental deposits
Allgemeines Bürgerliches Gesetzbuch (ABGB): The Austrian Civil Code, specifically §§ 1090-1121, which contains general provisions about rental agreements and the handling of security deposits
Konsumentenschutzgesetz (KSchG): The Consumer Protection Act, which provides additional protection for tenants regarding the handling of their deposit and transparent documentation
Bankwesengesetz (BWG): The Banking Act, relevant for regulations regarding the separate savings account where the deposit must be kept with interest
Verzinsungsvorschriften: Regulations regarding interest rates applicable to rental deposits, requiring deposits to be placed in interest-bearing savings accounts
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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