The Business Property Lease Agreement is a crucial document used when a commercial property owner (landlord) agrees to rent their property to a business tenant in Austria. This agreement must comply with Austrian commercial property laws, particularly the Mietrechtsgesetz (Austrian Tenancy Act) and relevant provisions of the Austrian Civil Code (ABGB). It establishes the fundamental relationship between the parties, covering essential aspects such as rent, term, operating costs, maintenance obligations, and permitted use of the premises. The document is specifically designed for commercial rather than residential use, incorporating necessary protections and obligations for business operations while ensuring compliance with Austrian commercial property regulations. It serves as the primary reference point for the ongoing landlord-tenant relationship and should be carefully tailored to address specific commercial property requirements and business needs while maintaining legal compliance.
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1. Parties: Identification of the landlord and tenant, including full legal names, registration numbers for companies, and addresses
2. Background: Context of the lease agreement, including brief description of the property and intended commercial use
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Common Areas', 'Term', 'Permitted Use', etc.
4. Property Details: Detailed description of the leased premises, including exact location, size, and included facilities
5. Term and Commencement: Duration of the lease, commencement date, and any renewal options
6. Rent and Other Payments: Rent amount, payment schedule, deposit requirements, and indexation provisions as per Austrian law
7. Operating Costs and Utilities: Allocation of operating costs (Betriebskosten) and utility charges between parties
8. Use of Premises: Permitted commercial use, compliance with regulations, and restrictions
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations of the property
10. Insurance and Liability: Required insurance coverage and allocation of liability between parties
11. Alterations and Improvements: Rules regarding modifications to the property and ownership of improvements
12. Assignment and Subletting: Conditions under which the tenant may assign or sublet the property
13. Landlord's Obligations: Specific duties and responsibilities of the landlord
14. Tenant's Obligations: Specific duties and responsibilities of the tenant
15. Termination: Grounds for termination, notice periods, and procedures as per Austrian law
16. Return of Property: Conditions for returning the property at lease end
17. Governing Law: Confirmation of Austrian law application and jurisdiction
18. Execution: Signature blocks and execution requirements
1. Break Clause: Optional early termination provisions, included when parties want flexibility to end the lease early
2. Rent-Free Period: Terms of any initial rent-free period, included when this incentive is offered
3. Service Charge: Detailed service charge provisions for multi-tenant buildings
4. Environmental Provisions: Specific environmental obligations and compliance requirements, important for industrial or specialized commercial uses
5. Trading Requirements: Specific requirements for operating hours or trading conditions, relevant for retail properties
6. Signage Rights: Provisions for external and internal signage, important for retail or branded premises
7. Parking: Specific provisions for parking spaces when included in the lease
8. Option to Purchase: Terms of any option for the tenant to purchase the property
1. Schedule 1 - Property Plan: Detailed plans and drawings of the leased premises
2. Schedule 2 - Inventory: List of any fixtures, fittings, and equipment included in the lease
3. Schedule 3 - Service Charge Items: Detailed breakdown of service charge components and calculations
4. Schedule 4 - Building Rules: Rules and regulations for the use of the building and common areas
5. Schedule 5 - Condition Report: Initial condition report of the premises
6. Schedule 6 - Permitted Alterations: Pre-approved alterations that the tenant may make
7. Schedule 7 - Operating Costs Breakdown: Detailed list of operating costs and their allocation
8. Appendix A - Required Insurances: Detailed specifications of required insurance coverage
9. Appendix B - Handover Protocol: Template for property handover documentation
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