The Rental Guarantor Form is a crucial document in Austrian property rental transactions where additional security beyond a standard deposit is required. It is commonly used when tenants cannot provide sufficient financial guarantees on their own, or in high-value rental agreements where landlords seek extra protection. The document, governed by Austrian civil law (ABGB), tenancy law (MRG), and consumer protection legislation (KSchG), establishes a legally binding commitment from a guarantor to cover rental obligations if the tenant defaults. The form must carefully balance the landlord's need for security with consumer protection requirements, particularly regarding the clarity of obligations and liability limits. It's essential in both residential and commercial contexts, though the specific terms and requirements may vary based on the type of property and rental agreement.
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1. Parties: Identification of the Landlord, Tenant, and Guarantor with full legal names and addresses
2. Background: Brief context about the underlying rental agreement and the need for a guarantee
3. Definitions: Key terms used in the document including 'Guaranteed Obligations', 'Rental Agreement', and 'Guarantee Period'
4. Scope of Guarantee: Detailed description of the obligations being guaranteed, including rent, utilities, damages, and other charges
5. Duration of Guarantee: Term of the guarantee, including start date and conditions for termination
6. Guarantor's Obligations: Specific responsibilities and commitments of the guarantor
7. Maximum Liability: Clear statement of the maximum amount the guarantor may be liable for
8. Enforcement Process: Procedure for making claims against the guarantee
9. Declarations: Guarantor's confirmations and acknowledgments regarding their obligations
10. Signatures: Execution block for all parties with date and place of signing
1. Guarantee Release Conditions: Specific conditions under which the guarantor may be released from obligations, included when negotiated
2. Multiple Guarantors: Additional provisions for cases with more than one guarantor, defining joint and several liability
3. Property Details: Specific details of the rental property, included when the guarantee is limited to a specific property
4. Notice Requirements: Specific notification procedures, included when parties agree on special communication requirements
5. Governing Law and Jurisdiction: While Austrian law applies, specific jurisdiction details may be included for clarity
1. Schedule 1 - Referenced Rental Agreement: Copy or key details of the underlying rental agreement
2. Schedule 2 - Guarantor's Financial Statement: When required, a statement of the guarantor's financial position
3. Schedule 3 - Notification Forms: Standard forms for making claims or giving notices under the guarantee
4. Appendix A - Consent Forms: Any required consumer protection acknowledgments or consents under Austrian law
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Residential Housing
Commercial Property
Student Housing
Social Housing
Property Development
Serviced Apartments
Corporate Housing
Relevant Teams
Legal
Real Estate Operations
Property Management
Risk Management
Compliance
Housing Administration
Asset Management
Leasing Operations
Contract Administration
Relevant Roles
Property Manager
Real Estate Agent
Legal Counsel
Tenancy Administrator
Risk Manager
Housing Officer
Compliance Officer
Rental Operations Manager
Asset Manager
Leasing Manager
Contract Administrator
Property Operations Director
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