Residential Tenancy Agreement Template for Austria

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Key Requirements PROMPT example:

Residential Tenancy Agreement

"I need a standard Residential Tenancy Agreement for a furnished apartment in Vienna, with a fixed term of 3 years starting from January 1, 2025, including specific provisions for a shared rooftop garden and bicycle storage."

Document background
The Residential Tenancy Agreement is a fundamental legal document used in Austria for establishing a formal landlord-tenant relationship in residential property rentals. This agreement must comply with Austria's strict tenant protection laws, particularly the Mietrechtsgesetz (MRG) and relevant sections of the Austrian Civil Code (ABGB). The document is essential when any residential property is being rented, whether it's an apartment, house, or other residential unit. It includes crucial provisions regarding rent calculations, operating costs, maintenance obligations, notice periods, and tenant rights, all specifically adapted to Austrian legal requirements. The agreement should be used at the commencement of any residential tenancy and must be updated if there are any material changes to the tenancy terms. Given Austria's tenant-friendly legal framework, particular attention must be paid to mandatory provisions that cannot be contracted out of, especially regarding rent control and termination rights.
Suggested Sections

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

2. Background: Brief context of the agreement and confirmation that the property is being let for residential purposes

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Term of Lease: Duration of the tenancy, start date, and whether it's fixed-term or indefinite

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

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

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: Insurance requirements for both parties

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

12. Tenant Obligations: Key responsibilities and obligations of the tenant

13. Landlord Obligations: Key responsibilities and obligations of the landlord

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

15. Final Provisions: Governing law, jurisdiction, and formal requirements for notices

Optional Sections

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

2. Pets: Include when specific rules about keeping pets need to be addressed

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

4. Garden/Outdoor Areas: Include when the property includes garden or outdoor areas requiring specific maintenance rules

5. Heating System: Include when specific heating system arrangements or cost allocation needs to be detailed

6. Building Rules: Include when there are specific building or community rules in apartment buildings

7. Energy Performance: Include when specific energy performance details need to be highlighted

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

Suggested Schedules

1. Schedule 1 - Inventory List: Detailed inventory of furniture, appliances, and fittings provided with the property

2. Schedule 2 - Condition Report: Detailed description of the property's condition at the start of tenancy, including photographs

3. Schedule 3 - House Rules: Building or community rules applicable to the property

4. Schedule 4 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities

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

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

7. Schedule 7 - Operating Costs Breakdown: Detailed breakdown of operating costs (Betriebskosten) calculation

8. Schedule 8 - Floor Plan: Floor plan of the property showing all rooms and measurements

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Legal Services

Housing

Residential Construction

Property Investment

Property Development

Facility Management

Relevant Teams

Legal

Real Estate

Property Management

Residential Leasing

Compliance

Document Management

Asset Management

Facilities

Property Administration

Tenant Relations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Tenancy Administrator

Facility Manager

Real Estate Investment Manager

Leasing Manager

Property Administrator

Compliance Officer

Real Estate Attorney

Asset Manager

Building 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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