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Tenancy Agreement Contract for Austria

Tenancy Agreement Contract Template for Austria

An Austrian Tenancy Agreement (Mietvertrag) is a legally binding contract governed by Austrian law, specifically the Mietrechtsgesetz (MRG) and the Austrian Civil Code (ABGB). This document establishes the terms and conditions for the rental of residential or commercial property within Austria, detailing the rights and obligations of both landlord and tenant. It covers essential elements including rent payment terms, duration of tenancy, maintenance responsibilities, utility arrangements, and termination conditions, while ensuring compliance with Austrian tenant protection laws and housing regulations.

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What is a Tenancy Agreement Contract?

The Tenancy Agreement Contract is a fundamental legal document used in Austria for establishing rental relationships between landlords and tenants. It serves as the primary instrument for defining the terms and conditions of property rental, whether residential or commercial. The agreement must comply with Austrian legislation, particularly the Mietrechtsgesetz (MRG) and the Austrian Civil Code (ABGB), which provide strong tenant protections and regulate various aspects of the landlord-tenant relationship. This document is essential for any rental arrangement in Austria and should include specific provisions about rent, duration, maintenance obligations, and termination rights, while adhering to local housing regulations and rent control measures. The agreement can be used for various types of properties, from private residential rentals to commercial spaces, but must always reflect the mandatory provisions of Austrian tenancy law.

What sections should be included in a Tenancy Agreement Contract?

1. Parties: Identification and details of the landlord and tenant(s), including full names, addresses, and identification numbers

2. Background: Brief context of the rental arrangement and property ownership

3. Definitions: Key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address, size, and included facilities

5. Term of Lease: Duration of the tenancy, start date, and type of term (fixed or indefinite)

6. Rent and Other Charges: Rent amount, payment terms, operating costs (Betriebskosten), and utility arrangements

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Use of Property: Permitted use of the property and any restrictions

9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations

10. Landlord's Obligations: Key responsibilities and obligations of the landlord

11. Tenant's Obligations: Key responsibilities and obligations of the tenant

12. Insurance: Required insurance coverage for both parties

13. Access and Inspection: Conditions under which the landlord may enter the property

14. Termination: Conditions and process for termination of the agreement

15. Governing Law: Confirmation of Austrian law application and jurisdiction

16. Signatures: Execution section for all parties

What sections are optional to include in a Tenancy Agreement Contract?

1. Subletting: Include when subletting is to be permitted, specifying conditions and approval process

2. Pets: Include when specific provisions about keeping pets need to be addressed

3. Parking: Include when parking spaces are part of the rental agreement

4. Garden/Outdoor Space: Include when the property includes garden or outdoor areas requiring specific terms

5. Building Rules: Include for apartments in multi-unit buildings with specific house rules

6. Heating System Provisions: Include when specific heating cost allocation systems are in place

7. Commercial Use: Include if any commercial activities are permitted within the property

8. Energy Performance: Include when specific energy performance certificates or requirements need to be addressed

What schedules should be included in a Tenancy Agreement Contract?

1. Inventory List: Detailed list of furniture, appliances, and fixtures included in the rental

2. Condition Report: Detailed description of the property condition at the start of tenancy

3. House Rules: Building regulations and community rules for multi-unit properties

4. Floor Plan: Layout and measurements of the rental property

5. Utility Meters: Initial meter readings and meter identification numbers

6. Maintenance Schedule: Regular maintenance requirements and schedules

7. Energy Performance Certificate: Current energy performance certificate for the property

8. Handover Protocol: Document to be completed at the start and end of tenancy recording property condition

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Student Housing

Social Housing

Property Investment

Legal Services

Property Development

Facility Management

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Operations

Asset Management

Compliance

Administrative Support

Customer Relations

Contract Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Facility Manager

Leasing Manager

Property Administrator

Real Estate Investment Manager

Tenant Relations Manager

Building Manager

Asset Manager

Contract Administrator

Property Lawyer

Compliance Officer

Real Estate Portfolio Manager

Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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