The Condo Lease Agreement is essential for formalizing residential tenancy arrangements in Austrian condominiums. It serves as the primary legal document governing the relationship between landlords and tenants of condominium units, ensuring compliance with Austrian legislation including the Civil Code (ABGB), Tenancy Act (MRG), and Condominium Act (WEG). This document is specifically designed to address the unique aspects of condominium leasing, including shared facilities, building community rules, and operating costs allocation. It should be used whenever a condominium unit is being leased in Austria, whether for primary residence or secondary housing purposes. The agreement includes provisions for rent payment, maintenance obligations, usage restrictions, and termination rights, while incorporating mandatory consumer protection measures and specific requirements for condominium properties under Austrian law.
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1. Parties: Identification of landlord/lessor and tenant/lessee with full legal names, addresses, and registration details if applicable
2. Background: Brief context of the agreement and description of the condominium property
3. Definitions: Key terms used throughout the agreement, including Austrian legal terms
4. Property Description: Detailed description of the condo unit, including land register details (Grundbuch) and usage rights of common areas
5. Term and Commencement: Duration of lease, start date, and any renewal options
6. Rent and Operating Costs: Base rent, operating costs (Betriebskosten), payment schedule, and adjustment mechanisms
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit (Kaution)
8. Utilities and Services: Responsibility for utilities, including heating, electricity, and other services
9. Maintenance and Repairs: Obligations for maintenance, repairs, and renovations of the unit and common areas
10. Use of Property: Permitted use, occupancy limits, and restrictions
11. House Rules: Compliance with condominium house rules (Hausordnung)
12. Insurance: Required insurance coverage for both parties
13. Termination: Grounds and procedures for termination by either party
14. Governing Law: Confirmation of Austrian law application and jurisdiction
15. Execution: Signature blocks and date of agreement
1. Subletting: Terms for subletting if permitted - include when subletting might be considered
2. Pets: Rules regarding pet ownership - include when pets are allowed or specifically prohibited
3. Parking: Parking space allocation and rules - include when parking spaces are part of the lease
4. Storage: Additional storage space rights - include when storage units are included
5. Renovation Rights: Terms for tenant modifications - include when allowing significant modifications
6. Property Management: Details of property management company - include when relevant
7. Energy Certificate: Energy efficiency details - include when required by property age/type
8. Mediation Clause: Dispute resolution procedures - include when parties agree to mediation
1. Schedule 1 - Property Plan: Floor plan and measurements of the condo unit
2. Schedule 2 - Inventory List: List of furnished items if property is let furnished
3. Schedule 3 - House Rules: Complete condominium building rules and regulations
4. Schedule 4 - Handover Protocol: Property condition report at commencement (Übergabeprotokoll)
5. Schedule 5 - Operating Costs Breakdown: Detailed list of operating costs and allocation method
6. Schedule 6 - Energy Performance Certificate: Current energy certificate (Energieausweis)
7. Schedule 7 - Maintenance Schedule: Regular maintenance requirements and schedules
8. Schedule 8 - Building Insurance Certificate: Copy of relevant building insurance documentation
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