Tenancy Agreement With Guarantor Template for Austria

The Tenancy Agreement With Guarantor is essential in Austrian residential leasing where additional security is required beyond a standard security deposit. This document is typically used when renting to students, young professionals, or individuals with limited credit history, where a third party (often a parent or relative) agrees to guarantee the tenant's obligations. The agreement must comply with Austrian tenancy law (Mietrechtsgesetz), the Civil Code (ABGB), and consumer protection legislation, particularly regarding the guarantor's obligations. It includes detailed provisions about the property, rental terms, maintenance responsibilities, and the scope of the guarantor's liability. The document should be drafted carefully to ensure enforceability while protecting all parties' rights under Austrian law.

1. Parties: Identification of the Landlord, Tenant(s), and Guarantor(s) with full legal names and addresses

2. Background: Brief context explaining the purpose of the agreement and the role of the guarantor

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

4. Property Details: Detailed description of the rental property, including address and any included fixtures/fittings

5. Term and Commencement: Duration of the tenancy and start date, including any initial fixed period

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and provisions for rent reviews

7. Utilities and Operating Costs: Allocation of responsibility for utilities, services, and operating costs (Betriebskosten)

8. Security Deposit: Details of the security deposit amount, payment, and conditions for return

9. Tenant Obligations: Comprehensive list of tenant responsibilities including maintenance, use of property, and conduct

10. Landlord Obligations: List of landlord's duties and responsibilities under the agreement

11. Guarantor Obligations: Scope and extent of guarantor's liability and obligations

12. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

13. Insurance: Required insurance coverage for both landlord and tenant

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

15. Governing Law: Confirmation of Austrian law governance and jurisdiction

16. Execution: Signature blocks for all parties and date of agreement