Sub Lease Contract Template for Austria

The Sub Lease Contract serves as a crucial legal instrument in the Austrian property market, enabling tenants to legally sub-let their rented premises to third parties. This document type is commonly used in situations where the original tenant needs to temporarily lease out their rented space, such as during extended absences, or when part of a commercial space is surplus to requirements. The agreement must comply with Austrian legislation, particularly the ABGB (Austrian Civil Code) and MRG (Tenancy Act), and typically requires the main landlord's consent. The Sub Lease Contract includes essential elements such as precise property description, rental terms, payment schedules, maintenance obligations, and termination conditions. It's particularly relevant in urban areas like Vienna, where sub-letting is common in both residential and commercial contexts, and provides legal protection for both the sub-lessor and sub-tenant while ensuring compliance with Austrian housing regulations.

1. Parties: Identification of the main tenant (sub-lessor) and sub-tenant, including full names, addresses, and identification numbers

2. Background: Context of the sub-lease, including reference to the main lease agreement and confirmation of the main landlord's consent if required

3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Main Lease', 'Term', and 'Rent'

4. Subject Matter of Sub-Lease: Detailed description of the sub-leased premises, including specific rooms, common areas, and any included furniture or equipment

5. Term and Commencement: Duration of the sub-lease, start date, and end date (if fixed-term)

6. Rent and Payment Terms: Monthly rent amount, payment method, due date, and any applicable VAT

7. Operating Costs and Utilities: Allocation of operating costs, utilities, and other charges between parties

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

9. Use of Premises: Permitted use of the premises and any restrictions

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and damage

11. Sub-Tenant's Obligations: Key responsibilities including maintenance, reporting damages, compliance with house rules

12. Sub-Lessor's Obligations: Responsibilities including maintaining the main lease, providing peaceful enjoyment

13. Insurance: Required insurance coverage and responsibilities

14. Termination: Grounds for termination, notice periods, and process

15. Return of Premises: Condition requirements and process for returning the premises

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