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Commercial Land Lease Agreement for Austria

Commercial Land Lease Agreement Template for Austria

This document represents a comprehensive legal agreement governed by Austrian law, specifically designed for the commercial leasing of land or property for business purposes. It incorporates provisions compliant with the Austrian Civil Code (ABGB) and Business Premises Rent Act (MRG), outlining the terms and conditions under which a landlord grants a commercial tenant the right to use and occupy land or property for business purposes. The agreement addresses crucial elements including rent, duration, permitted use, maintenance obligations, and other commercial terms while ensuring compliance with Austrian commercial property regulations and local zoning requirements.

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What is a Commercial Land Lease Agreement?

The Commercial Land Lease Agreement is a crucial legal instrument used in Austrian business property transactions where a landowner wishes to lease property to a commercial tenant for business purposes. This document is essential when establishing long-term commercial property relationships and must comply with Austrian legal requirements, particularly the ABGB and MRG. It is commonly used for various commercial purposes including retail establishments, industrial facilities, agricultural operations, or office spaces. The agreement typically includes detailed provisions about property use, rent calculations, maintenance responsibilities, insurance requirements, and termination conditions. This type of agreement is particularly important in Austria's commercial real estate sector, where specific legal protections and obligations apply to both landlords and tenants in business property relationships.

What sections should be included in a Commercial Land Lease Agreement?

1. Parties: Identification of lessor and lessee with full legal names, registration numbers (if applicable), and addresses

2. Background: Context of the lease arrangement and brief description of the property and intended commercial use

3. Definitions: Key terms used throughout the agreement, including Property, Commencement Date, Term, Permitted Use, etc.

4. Property Description: Detailed description of the leased property, including exact measurements, boundaries, and land register details

5. Term and Commencement: Duration of the lease, start date, and any renewal options

6. Rent and Other Payments: Base rent, payment schedule, operating costs, utilities, and other charges

7. Use of Property: Permitted commercial activities, restrictions, and compliance with zoning laws

8. Maintenance and Repairs: Responsibilities of each party for maintenance, repairs, and improvements

9. Insurance and Liability: Required insurance coverage and allocation of risks

10. Assignment and Subletting: Rules regarding transfer of lease rights and subletting permissions

11. Termination: Grounds for termination, notice periods, and consequences of termination

12. Return of Property: Conditions for property return and handling of tenant improvements

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

14. Notices: Methods and addresses for official communications between parties

What sections are optional to include in a Commercial Land Lease Agreement?

1. Security Deposit: Terms for security deposit if required, typically used for higher-value commercial properties

2. Utilities and Services: Detailed provisions about utility connections and services if not included in operating costs

3. Environmental Matters: Special provisions for properties with environmental considerations or requirements

4. Development Rights: Rights to develop or modify the property, used when future development is contemplated

5. Operating Hours: Specific provisions about business hours and access, relevant for retail or similar operations

6. Signage Rights: Rules regarding commercial signage and advertising on the property

7. Parking: Specific provisions about parking rights and restrictions if parking areas are included

8. Common Areas: Rules for shared facilities if the property is part of a larger complex

9. Force Majeure: Provisions for extraordinary circumstances affecting property use

What schedules should be included in a Commercial Land Lease Agreement?

1. Property Plan: Detailed site plan showing the leased area, boundaries, and access points

2. Land Register Extract: Current extract from the land register (Grundbuchauszug)

3. Handover Protocol: Template for recording property condition at handover

4. Operating Costs Breakdown: Detailed list of operating costs and allocation method

5. House Rules: If applicable, rules governing the use of the property or building

6. Maintenance Schedule: Schedule of maintenance responsibilities and intervals

7. Insurance Requirements: Detailed specifications of required insurance coverage

8. Permitted Alterations: List of pre-approved alterations or improvements

9. Environmental Certificates: Any relevant environmental or energy certificates

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

Commercial Real Estate

Retail

Manufacturing

Logistics

Hospitality

Agriculture

Warehousing

Industrial

Office Space

Entertainment

Healthcare

Automotive

Construction

Relevant Teams

Legal

Real Estate

Operations

Finance

Facilities Management

Risk and Compliance

Property Management

Business Development

Asset Management

Corporate Services

Relevant Roles

Real Estate Manager

Property Manager

Commercial Director

Legal Counsel

Facilities Manager

Operations Director

Chief Financial Officer

Business Development Manager

Asset Manager

Lease Administrator

Risk Manager

Commercial Property Surveyor

Site Manager

Development Director

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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