The Addendum To Rental Agreement serves as a crucial legal instrument in Austrian property law for modifying existing rental arrangements without the need to draft an entirely new agreement. This document is typically used when parties need to update specific terms of their rental agreement, such as rent amount, lease duration, occupancy details, or property use conditions. It must comply with Austrian tenancy law (Mietrechtsgesetz) and the General Civil Code (ABGB), ensuring all modifications are legally enforceable. The addendum becomes particularly relevant during lease renewals, when accommodating changing circumstances, or when both parties agree to alter specific terms of their original arrangement. It's essential for both residential and commercial properties, requiring careful consideration of mandatory provisions under Austrian law.
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1. Parties: Identification of the landlord and tenant, including full legal names and addresses, matching those in the original rental agreement
2. Background: Reference to the original rental agreement including its date, parties, and property address, and brief statement of the need for modification
3. Definitions: Key terms used in the addendum, particularly any new terms not defined in the original agreement
4. Amendments: Clear statement of the specific modifications being made to the original agreement, with reference to relevant sections being modified
5. Confirmation of Other Terms: Statement confirming that all other terms and conditions of the original agreement remain unchanged and in full force
6. Effective Date: Specification of when the modifications take effect
7. Integration: Statement that this addendum forms part of the original rental agreement
8. Execution: Signature block for all parties, including date and place of signing
1. Rent Modification: Detailed section about changes to rent amount, payment schedule, or method - include when rent terms are being modified
2. Term Extension: Specific details about extension of the rental period - include when lease term is being modified
3. Additional Occupants: Details of new occupants being added to the agreement - include when occupancy changes are being made
4. Property Modifications: Description of approved alterations to the property - include when physical changes to the property are being authorized
5. Pet Provisions: Terms regarding permission for pets - include when pet policies are being modified
6. Utilities and Services: Changes to responsibility for utilities or services - include when utility arrangements are being modified
7. Statutory Declarations: Any required declarations under Austrian law - include when specific statutory compliance is needed
1. Schedule A - Original Agreement: Copy of the original rental agreement being modified
2. Schedule B - Floor Plans: Updated floor plans or property layouts if relevant to the modifications
3. Schedule C - Calculation of New Rent: Detailed breakdown of rent calculations if rent is being modified
4. Schedule D - Photographs: Current condition photographs if relevant to the modifications
5. Schedule E - Statutory Notices: Any required notices under Austrian tenancy law
6. Appendix 1 - Consent Forms: Any required third-party consents (e.g., from property manager or building management)
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