The Notary Rent Agreement is a specialized form of rental contract used in Austria when parties seek maximum legal security and formal authentication of their rental arrangement. This document is particularly important for high-value properties, commercial leases, or situations where parties want additional legal certainty. It must comply with the Austrian Civil Code (ABGB), Tenancy Act (MRG), and Notaries Act (NO), requiring preparation and authentication by a licensed Austrian notary. The agreement typically includes comprehensive terms covering property use, maintenance, rent adjustments, and termination rights, while the notarial form provides enhanced enforceability and evidence of the agreement's authenticity. This type of agreement is commonly used in both residential and commercial contexts, especially for long-term leases or when significant property investments are involved.
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1. Parties: Identification of landlord and tenant with full legal names, addresses, and registration numbers if applicable
2. Background: Brief context of the rental arrangement and property ownership
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the rental property including address and land registry details
5. Term and Commencement: Duration of the lease and start date
6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment
7. Operating Costs and Utilities: Distribution of operating costs and utility charges between parties
8. Security Deposit: Amount, payment terms, and conditions for return
9. Use of Property: Permitted use and restrictions on property usage
10. Maintenance and Repairs: Responsibilities of each party for maintenance and repairs
11. Insurance Requirements: Required insurance coverage for both parties
12. Access Rights: Landlord's rights to access the property
13. Termination Provisions: Conditions and process for termination of the agreement
14. Notarial Requirements: Specific notarial clauses required under Austrian law
15. Governing Law: Confirmation of Austrian law application and jurisdiction
16. Execution: Formal execution requirements and notarial certification
1. Subletting Rights: Include when subletting is to be permitted, specifying conditions
2. Renovation and Alterations: Include when specific renovation works are planned or when defining renovation rights
3. Parking Facilities: Include when parking spaces are part of the rental agreement
4. Common Areas: Include for properties with shared facilities or common areas
5. Pets Policy: Include when specific provisions regarding pets are needed
6. Commercial Use: Include for mixed-use properties or when commercial activities are permitted
7. Energy Performance: Include when specific energy performance requirements apply
8. Right of First Refusal: Include if tenant is granted purchase priority rights
1. Floor Plan: Detailed plan of the rental property
2. Inventory List: List of furniture and equipment included in the rental
3. Condition Report: Detailed description of property condition at commencement
4. House Rules: Building or complex rules and regulations
5. Operating Costs Breakdown: Detailed list of operating costs and allocation method
6. Maintenance Schedule: Schedule of regular maintenance responsibilities
7. Energy Certificate: Property's energy performance certificate
8. Building Insurance Certificate: Copy of current building insurance
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Real Estate
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Retail
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Industrial
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Relevant Teams
Legal
Real Estate
Facilities Management
Operations
Finance
Compliance
Risk Management
Property Management
Asset Management
Contract Administration
Relevant Roles
Legal Counsel
Property Manager
Real Estate Manager
Facilities Manager
Corporate Counsel
Compliance Officer
Real Estate Director
Operations Manager
Contract Administrator
Asset Manager
Chief Financial Officer
Risk Manager
Business Development Manager
Lease Administrator
Property Developer
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