Residential Rental Contract Template for Austria

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Key Requirements PROMPT example:

Residential Rental Contract

"I need a Residential Rental Contract for a furnished two-bedroom apartment in Vienna's 1st district, with specific provisions for a home office setup and allowance for one cat, starting from March 1, 2025."

Document background
The Residential Rental Contract is a fundamental document in Austrian property law, essential for establishing legal residential tenancies. It is used when a property owner (landlord) agrees to rent out a residential property to a tenant for housing purposes. The document must comply with the strict requirements of the Austrian Tenancy Act (Mietrechtsgesetz) and Civil Code (ABGB), which provide significant tenant protections. This contract type is mandatory for residential lettings in Austria and must include specific provisions about rent calculations, maintenance obligations, security deposits, and termination rights. It should be drafted with careful consideration of both partial and full application of the Mietrechtsgesetz, depending on the property type and circumstances.
Suggested Sections

1. Parties: Identification and details of the landlord and tenant(s), including full names, addresses, and identification numbers

2. Background: Brief context of the rental agreement and property ownership

3. Definitions: Key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address, size, and included facilities

5. Term of Lease: Duration of the rental agreement, start date, and type of tenancy (fixed-term or indefinite)

6. Rent and Other Charges: Monthly rent amount, payment terms, operating costs (Betriebskosten), and utility arrangements

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

8. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations

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

10. Insurance Requirements: Mandatory insurance requirements for both parties

11. Access Rights: Landlord's rights to access the property and notice requirements

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

13. Final Provisions: Governing law, jurisdiction, and formal requirements under Austrian law

Optional Sections

1. Subletting: Include when subletting might be permitted under specific conditions

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

3. Parking Arrangements: Include when parking spaces are part of the rental agreement

4. Garden/Outdoor Space Use: Include when the property includes garden or outdoor areas

5. Common Areas: Include for apartments in multi-unit buildings

6. Heating System Provisions: Include when specific heating system arrangements need to be detailed

7. Renovation Agreements: Include when specific renovation works are agreed upon at the start of tenancy

8. Smart Home/Technical Equipment: Include when the property includes special technical equipment or smart home features

Suggested Schedules

1. Schedule 1 - Inventory List: Detailed list of furniture, appliances, and fittings included in the rental

2. Schedule 2 - Condition Report: Detailed description of the property condition at the start of tenancy

3. Schedule 3 - House Rules: Building or complex rules and regulations

4. Schedule 4 - Energy Performance Certificate: Legally required energy efficiency documentation

5. Schedule 5 - Utility Meters: Initial meter readings for utilities

6. Schedule 6 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

7. Schedule 7 - Floor Plan: Detailed floor plan of the rental property

8. Appendix A - Operating Costs Breakdown: Detailed breakdown of operating costs (Betriebskosten)

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

Clauses
Relevant Industries

Real Estate

Property Management

Legal Services

Housing

Residential Property

Property Investment

Property Development

Facility Management

Real Estate Finance

Relevant Teams

Legal

Real Estate Operations

Property Management

Asset Management

Tenant Relations

Contract Administration

Compliance

Facility Operations

Document Management

Property Services

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Lease Administrator

Asset Manager

Property Administrator

Facility Manager

Real Estate Portfolio Manager

Tenancy Relations Officer

Legal Administrator

Real Estate Operations Manager

Property Services Coordinator

Compliance Officer

Contract 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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