The Residential Lease Contract is a fundamental legal document used in Austria for establishing residential tenancy relationships. It serves as the primary agreement between landlords and tenants, incorporating mandatory provisions from the Austrian Tenancy Act (Mietrechtsgesetz) and General Civil Code (ABGB). This document is essential for any residential property rental in Austria, whether for apartments, houses, or other residential units. It includes detailed provisions on rent calculation, operating costs, maintenance obligations, security deposits, and termination rights, all aligned with Austrian housing law requirements. The contract must comply with strict tenant protection regulations and often requires careful consideration of rent control provisions, particularly in properties falling under full coverage of the Mietrechtsgesetz.
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Key Requirements PROMPT example:
Residential Lease Contract
"I need a Residential Lease Contract for a standard 2-bedroom apartment in Vienna, with a fixed term of 3 years starting March 1, 2025, including standard maintenance provisions and operating costs allocation."
1. Parties: Identification and details of the landlord and tenant, including full names, addresses, and identification numbers
2. Background: Brief context of the lease agreement and confirmation of the landlord's ownership/authority to lease
3. Definitions: Key terms used throughout the agreement defined for clarity
4. Property Description: Detailed description of the rental property, including address, size, room count, and included fixtures
5. Term and Commencement: Duration of the lease, start date, and whether it's fixed-term or indefinite
6. Rent and Payment Terms: Monthly rent amount, payment schedule, payment method, and indexation provisions
7. Operating Costs and Utilities: Breakdown of operating costs (Betriebskosten) and responsibility for utility payments
8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
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 liability provisions
12. Notice Requirements: Notice periods and procedures for termination by either party
13. Keys and Security: Number of keys provided and regulations regarding additional copies
14. House Rules: Reference to and incorporation of house rules
15. Final Provisions: Governing law, jurisdiction, and formal requirements for modifications
1. Subletting: Include when subletting is permitted, specifying conditions and approval process
2. Pets: Include when pets are allowed, specifying conditions and any additional deposits
3. Parking: Include when parking spaces are part of the lease
4. Garden/Outdoor Space: Include when the property includes garden or outdoor areas
5. Energy Performance: Include detailed energy performance information if required by property type
6. Renovation Agreement: Include when specific renovation works are agreed upon at the start of tenancy
7. Commercial Use: Include when partial commercial use is permitted
8. Smart Home Features: Include when the property includes smart home technology or special technical features
1. Schedule 1 - Inventory List: Detailed inventory of furniture, appliances, and fixtures included in the lease
2. Schedule 2 - Condition Report: Detailed description of the property's condition at the start of the lease, including photographs
3. Schedule 3 - House Rules: Complete set of house rules (Hausordnung)
4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of all operating costs and calculation method
5. Schedule 5 - Energy Performance Certificate: Copy of the property's energy performance certificate
6. Schedule 6 - Floor Plan: Detailed floor plan of the property
7. Schedule 7 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
8. Appendix A - Heating Cost Calculation Method: Explanation of heating cost calculation and distribution method
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Residential Housing
Legal Services
Insurance
Property Development
Facility Management
Real Estate Investment
Property Maintenance
Relevant Teams
Legal
Real Estate Operations
Property Management
Leasing
Compliance
Asset Management
Tenant Relations
Facilities
Contract Administration
Risk Management
Relevant Roles
Property Manager
Real Estate Agent
Legal Counsel
Housing Administrator
Facility Manager
Leasing Manager
Property Administrator
Real Estate Investment Manager
Tenant Relations Manager
Compliance Officer
Real Estate Attorney
Building Superintendent
Asset Manager
Property Operations Manager
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