The Rental And Lease Agreement is a fundamental legal document used in Austrian property transactions to formalize the relationship between property owners and tenants. It is essential for both residential and commercial property rentals in Austria, incorporating mandatory provisions from the Mietrechtsgesetz (MRG) and ABGB. This document is particularly important as Austrian tenancy law provides strong tenant protections and specific requirements for rent calculation, maintenance obligations, and termination procedures. The agreement must address both mandatory legal requirements and practical aspects of the rental relationship, including clear terms for rent payment, property use, and maintenance responsibilities. It serves as a comprehensive framework for managing the ongoing landlord-tenant relationship while ensuring compliance with Austrian legal standards.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration numbers if applicable
2. Background: Brief context of the rental arrangement and property overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including address and specific areas included/excluded from the lease
5. Term and Commencement: Duration of the lease, start date, and any initial trial period if applicable
6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and indexation provisions
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Utilities and Operating Costs: Allocation of costs for utilities, building maintenance, and other operating expenses
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations
11. Insurance and Liability: Required insurance coverage and allocation of risks
12. Termination: Conditions and procedures for termination of the lease
13. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Subletting: Terms for subletting or assignment of the lease, if permitted
2. Pets: Rules regarding keeping pets in the property
3. Alterations and Improvements: Conditions under which the tenant may make changes to the property
4. Parking: Terms regarding parking spaces if available
5. Common Areas: Rules for use of common areas in multi-unit buildings
6. Garden/Outdoor Space: Terms for use and maintenance of any outdoor areas
7. Energy Performance: Energy efficiency details as required by EU regulations
8. Business Use: Additional terms if property is used for business purposes
9. Break Clause: Early termination options for either party
1. Schedule 1 - Inventory: Detailed list of furniture, appliances, and fixtures included in the rental
2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of lease
3. Schedule 3 - House Rules: Building or complex specific rules and regulations
4. Schedule 4 - Utility Meters: Initial meter readings and meter identification numbers
5. Schedule 5 - Maintenance Schedule: Regular maintenance requirements and schedules
6. Appendix A - Floor Plan: Floor plan showing the leased area and any exclusive use areas
7. Appendix B - Energy Performance Certificate: Mandatory energy performance certificate
8. Appendix C - Photographs: Photographic evidence of property condition at lease commencement
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Relevant Teams
Legal
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Facilities Management
Operations
Property Management
Asset Management
Compliance
Administrative Services
Maintenance
Finance
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Relevant Roles
Property Manager
Real Estate Agent
Facility Manager
Legal Counsel
Real Estate Director
Asset Manager
Leasing Manager
Operations Manager
Property Administrator
Compliance Officer
Real Estate Investment Manager
Housing Coordinator
Commercial Lease Administrator
Property Maintenance Supervisor
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