A Commercial Space Lease Agreement is essential for businesses seeking to establish their operations in physical premises in Austria. This document serves as the primary contract governing the relationship between commercial landlords and tenants, detailing their respective rights and obligations. It is structured to comply with Austrian legislation, particularly the Mietrechtsgesetz (MRG) and Allgemeines Bürgerliches Gesetzbuch (ABGB), while addressing specific commercial requirements such as permitted use, maintenance responsibilities, operating costs, and termination provisions. The agreement is typically used when businesses need to lease retail spaces, offices, industrial units, or other commercial properties, and includes crucial elements such as rent calculations, security deposits, insurance requirements, and property management arrangements.
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1. Parties: Identification of lessor and lessee with full legal names, registration numbers (if applicable), and addresses
2. Background: Context of the lease agreement and brief description of the commercial property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased premises, including exact location, size, and permitted use
5. Term and Commencement: Duration of the lease, commencement date, and any renewal options
6. Rent and Operating Costs: Base rent, payment terms, operating costs (Betriebskosten), and utility charges
7. Security Deposit: Amount, form, and conditions of the security deposit
8. Use of Premises: Permitted commercial activities and any restrictions on use
9. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and improvements
10. Insurance and Liability: Required insurance coverage and allocation of risks
11. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises
12. Termination: Grounds for termination, notice periods, and procedures
13. Return of Premises: Conditions for returning the premises at lease end
14. Governing Law: Confirmation of Austrian law application and jurisdiction
15. Signatures: Execution block for all parties
1. Rent Indexation: Details of rent adjustment mechanisms based on inflation or other indices - include when long-term lease is contemplated
2. Fit-out Works: Specifications for initial tenant improvements - include when premises require modification for tenant's use
3. Operating Hours: Specific provisions regarding business hours and access - include for retail or shopping center locations
4. Common Areas: Rights and obligations regarding shared facilities - include for multi-tenant buildings
5. Marketing and Signage: Rules for exterior and interior signage - include for retail locations
6. Environmental Provisions: Special environmental obligations - include for industrial or specialized commercial uses
7. Property Management: Building management rules - include for managed commercial complexes
8. Break Clause: Early termination options - include when specifically negotiated
9. Force Majeure: Provisions for extraordinary circumstances - include based on specific business needs
1. Floor Plan: Detailed plan showing the leased area and measurements
2. Inventory List: List of any fixtures, fittings, or equipment included in the lease
3. Operating Costs Breakdown: Detailed list of includable operating costs and calculation method
4. House Rules: Building regulations and conduct rules
5. Maintenance Schedule: Detailed breakdown of maintenance responsibilities
6. Handover Protocol: Document for recording property condition at start of lease
7. Energy Performance Certificate: Mandatory energy efficiency documentation
8. Insurance Requirements: Detailed specifications of required insurance coverage
9. Fit-out Specifications: Technical requirements for any permitted tenant improvements
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