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Fixed Term Tenancy Agreement Template for Austria

A comprehensive legal document governed by Austrian law that establishes a fixed-term residential tenancy relationship between a landlord and tenant. The agreement complies with the Austrian Tenancy Act (Mietrechtsgesetz) and related legislation, setting out the terms and conditions for the temporary occupation of a residential property. It includes detailed provisions for rent payment, maintenance obligations, utility costs, security deposits, and specific termination conditions, while ensuring compliance with Austrian consumer protection requirements and mandatory tenancy regulations.

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What is a Fixed Term Tenancy Agreement?

This Fixed Term Tenancy Agreement is designed for use in Austria when establishing a temporary residential letting arrangement between a landlord and tenant. The document incorporates requirements from the Austrian Tenancy Act (Mietrechtsgesetz), the General Civil Code (ABGB), and relevant consumer protection legislation. It is particularly suitable when parties wish to create a tenancy for a specific duration, noting that Austrian law places certain restrictions on fixed-term tenancies, including minimum duration requirements. The agreement covers essential aspects such as rent payments, operating costs, maintenance obligations, and termination provisions, while ensuring compliance with mandatory Austrian tenancy regulations regarding rent calculations, deposit protections, and tenant rights.

What sections should be included in a Fixed Term Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant, including full names, addresses, and registration numbers if applicable

2. Background: Brief context of the agreement and property letting

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address and any included fixtures and fittings

5. Term: Duration of the tenancy, including start and end dates, noting Austrian law minimum requirements for fixed terms

6. Rent: Rent amount, payment schedule, and method of payment, including provisions for legal rent increases

7. Security Deposit: Details of the security deposit amount, terms of holding, and conditions for return

8. Operating Costs and Utilities: Breakdown of operating costs (Betriebskosten) and utility charges, including calculation and payment methods

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

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

11. Insurance: Insurance requirements for both parties

12. Access: Landlord's rights of access and notice requirements

13. Termination: Conditions and process for early termination, including notice periods

14. Return of Property: Conditions for returning the property at the end of the tenancy

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

What sections are optional to include in a Fixed Term Tenancy Agreement?

1. Pets: Rules regarding pet ownership, to be included if pets are permitted or specifically prohibited

2. Subletting: Terms for subletting or assignment, if permitted

3. Parking: Details of parking arrangements, if parking spaces are included

4. Common Areas: Rules for use of common areas, relevant for apartment buildings

5. Garden Maintenance: Responsibilities for garden maintenance, relevant for properties with gardens

6. Energy Performance: Energy efficiency details, required for certain property types

7. Building Rules: Reference to building rules (Hausordnung), relevant for apartment buildings

8. Smoking Policy: Rules regarding smoking in the property, if specific restrictions apply

What schedules should be included in a Fixed Term Tenancy Agreement?

1. Inventory and Condition Report: Detailed list and condition of all fixtures, fittings, and furniture

2. House Rules (Hausordnung): Building regulations and rules for multi-unit properties

3. Handover Protocol: Document recording the condition of the property and meter readings at handover

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

5. Operating Costs Breakdown: Detailed breakdown of all operating costs and calculation methods

6. Floor Plan: Plan showing the layout and dimensions of the property

7. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Document Type

Lease Agreement

Cost

Free to use

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