Termination Of Tenancy Template for Austria

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Key Requirements PROMPT example:

Termination Of Tenancy

"I need a mutual Termination of Tenancy agreement for my residential apartment in Vienna, with a planned termination date of March 1, 2025, including provisions for security deposit return and final utility readings."

Document background
The Termination of Tenancy document is a crucial legal instrument used in Austria when parties wish to formally end a rental agreement. It is designed to comply with the strict requirements of Austrian tenancy law, particularly the Mietrechtsgesetz (MRG) and the Austrian Civil Code (ABGB). This document is essential whether the termination is mutual or unilateral, though the specific content varies accordingly. It must include precise details about the property, parties involved, termination date, and settlement terms. The document serves multiple purposes: it provides legal certainty for both parties, establishes clear handover procedures, addresses security deposit returns, and helps prevent future disputes. For property professionals in Austria, understanding and correctly using this document is crucial as it must meet specific legal requirements while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identification of the landlord and tenant, including full names, addresses, and any registration numbers

2. Background: Details of the original tenancy agreement, including its date, the property address, and reference to the decision to terminate

3. Definitions: Key terms used in the agreement, including 'Property', 'Termination Date', 'Original Lease', etc.

4. Termination Date: Specific date when the tenancy will end and confirmation that both parties agree to this date

5. Handover Arrangements: Details of when and how the keys will be returned and property inspection arrangements

6. Final Payments: Settlement of any outstanding rent, utilities, or other charges up to the termination date

7. Security Deposit: Arrangements for the return of the security deposit, including deductions if applicable

8. Tenant Obligations: Requirements for cleaning, repairs, and restoration of the property to its original condition

9. Mutual Release: Mutual release of future claims related to the tenancy, subject to completion of agreed obligations

10. Governing Law: Confirmation that the agreement is governed by Austrian law

Optional Sections

1. Forwarding Address: Section for the tenant to provide their new address for future correspondence and deposit return - used when the tenant is moving to a new known address

2. Remaining Occupants: Required when there are other occupants who need to vacate or are taking over the tenancy

3. Utilities Transfer: Instructions for transferring or terminating utility accounts - used when utilities are in the tenant's name

4. Storage Arrangements: Used when temporary storage of tenant's belongings is needed after the termination date

5. Renovation Agreement: Required when specific renovation or repair works are agreed as part of the termination

6. Reference Provision: Optional section regarding the provision of a reference by the landlord - used when specifically requested by the tenant

Suggested Schedules

1. Schedule 1 - Property Condition Report: Detailed report on the condition of the property at the time of agreement, to be compared with final inspection

2. Schedule 2 - Inventory List: List of landlord's fixtures and fittings that should be present at handover

3. Schedule 3 - Payment Settlement: Detailed breakdown of final payments, including rent, utilities, and security deposit calculations

4. Schedule 4 - Handover Checklist: Checklist of items to be completed before and during the final property handover

5. Appendix A - Photographic Evidence: Current dated photographs of the property condition, if required

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 Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Investment

Retail

Hospitality

Office Space Management

Student Housing

Relevant Teams

Legal

Property Management

Real Estate Operations

Tenant Relations

Asset Management

Facilities Management

Leasing

Property Services

Contract Administration

Property Operations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Tenant Relations Manager

Asset Manager

Facilities Manager

Property Administrator

Leasing Manager

Real Estate Portfolio Manager

Housing Officer

Property Operations Director

Tenancy Coordinator

Real Estate Legal Assistant

Property Services Coordinator

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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