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Agreement To Lease for Austria

Agreement To Lease Template for Austria

An Agreement to Lease under Austrian law (governed by the ABGB and Mietrechtsgesetz) is a preliminary contract that establishes the terms and conditions under which parties agree to enter into a future lease agreement. This document outlines the essential elements of the proposed lease, including property details, rental terms, conditions precedent, and obligations of both parties before the formal lease begins. It serves as a binding commitment between the landlord and prospective tenant, setting out the framework for the subsequent lease while ensuring compliance with Austrian tenancy laws and regulations.

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What is a Agreement To Lease?

The Agreement to Lease is a crucial preliminary document used in Austrian real estate transactions when parties have agreed in principle to a lease but need to formalize their commitments before executing the final lease agreement. This document is particularly important in situations involving commercial properties, properties under construction, or when significant preparations are needed before lease commencement. It typically includes detailed terms about the property, proposed rental amounts, timeframes, and any conditions that must be met before the final lease becomes effective. The document must comply with Austrian civil law (ABGB) and the Tenancy Act (Mietrechtsgesetz), making it a legally binding commitment to enter into the future lease agreement under specified terms and conditions. The Agreement to Lease helps protect both parties' interests during the pre-lease period and provides a clear roadmap to lease execution.

What sections should be included in a Agreement To Lease?

1. Parties: Identification and details of the landlord and prospective tenant, including full legal names, addresses, and registration numbers for companies

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into a lease agreement in the future

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Lease Commencement Date', 'Lease Agreement', etc.

4. Property Details: Detailed description of the property to be leased, including address, size, and any included fixtures and fittings

5. Lease Terms: Key terms of the future lease including duration, proposed commencement date, and any option periods

6. Rental and Other Payments: Proposed rent amount, payment terms, deposits, and other financial obligations

7. Conditions Precedent: Conditions that must be satisfied before the lease agreement becomes binding

8. Pre-lease Obligations: Responsibilities of both parties prior to lease commencement, including property preparation and documentation

9. Execution of Lease: Process and timeline for executing the final lease agreement

10. Termination: Circumstances under which this agreement to lease can be terminated

11. Governing Law: Confirmation that the agreement is governed by Austrian law and relevant jurisdiction

What sections are optional to include in a Agreement To Lease?

1. Fit-out Works: Details of any modifications or improvements to be made before lease commencement, used when the property requires specific tenant modifications

2. Due Diligence: Tenant's rights to conduct property investigations, used when additional property verification is required

3. Break Options: Terms for early termination of the future lease, included when parties agree to early termination rights

4. Assignment and Subletting: Provisions regarding future transfer rights, included for longer-term or commercial leases

5. Environmental Matters: Environmental obligations and certifications, particularly relevant for commercial properties

6. Property Manager: Details of property management arrangements, included for managed buildings or complexes

7. Special Use Conditions: Specific requirements for property use, included for properties with restricted or specific permitted uses

What schedules should be included in a Agreement To Lease?

1. Property Plan: Detailed floor plans and property drawings

2. Fixtures and Fittings: Inventory of items included in the lease

3. Form of Lease: Draft of the final lease agreement to be executed

4. Fit-out Specifications: Detailed specifications for any agreed tenant improvements or modifications

5. Condition Report: Current condition of the property including photographs

6. Energy Performance Certificate: Required energy efficiency documentation under EAVG

7. Building Rules: Applicable building regulations and rules

8. Payment Schedule: Detailed breakdown of all payments including rent, deposits, and other charges

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Manufacturing

Logistics

Healthcare

Education

Relevant Teams

Real Estate

Legal

Operations

Facilities Management

Asset Management

Property Management

Business Development

Compliance

Finance

Administration

Risk Management

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Real Estate Agent

Leasing Manager

Asset Manager

Commercial Director

Operations Manager

Contract Manager

Property Developer

Business Development Manager

Tenant Coordinator

Real Estate Administrator

Compliance Officer

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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