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Guarantor Lease Agreement Template for Austria

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Key Requirements PROMPT example:

Guarantor Lease Agreement

"I need a Guarantor Lease Agreement under Austrian law for a high-value commercial property in Vienna, where the tenant is a startup company and the guarantor is an established corporation, with the guarantee period starting from March 1, 2025."

Document background
A Guarantor Lease Agreement is essential in Austrian property leasing arrangements where additional security is required beyond the tenant's direct obligations. This document is commonly used in situations where a tenant may have limited credit history, be a student, or where the rental value justifies additional security. The agreement must comply with Austrian law, particularly the ABGB (Austrian Civil Code), MRG (Tenancy Act), and consumer protection legislation. It specifies the guarantor's obligations, enforcement procedures, and liability limits, while ensuring all mandatory Austrian legal requirements are met. The document is crucial for protecting landlords' interests while maintaining fairness and legal compliance for all parties involved.
Suggested Sections

1. Parties: Identification of all parties: Landlord (Vermieter), Tenant (Mieter), and Guarantor (B眉rge), including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, reference to the main lease agreement, and the purpose of the guarantee

3. Definitions: Definitions of key terms used throughout the agreement, including 'Guaranteed Obligations', 'Property', and 'Lease Agreement'

4. Scope of Guarantee: Detailed description of the obligations covered by the guarantee, including maximum liability amount and duration

5. Nature of Guarantee: Specification of whether it's a continuing guarantee and the type of guarantee under Austrian law (e.g., B眉rgschaft or Garantie)

6. Guarantor's Obligations: Detailed obligations of the guarantor, including payment terms and conditions for guarantee activation

7. Duration of Guarantee: Term of the guarantee, including start date and conditions for termination

8. Enforcement: Procedures for enforcing the guarantee, including notice requirements and payment timeframes

9. Guarantor's Representations: Guarantor's confirmations regarding their capacity and understanding of obligations

10. Landlord's Obligations: Obligations to notify guarantor of tenant defaults and other relevant events

11. Communications: Requirements for notices and other communications between parties

12. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes

Optional Sections

1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability

2. Corporate Guarantor Provisions: Required when the guarantor is a company, including additional representations and warranties

3. Maximum Liability Cap: Optional section limiting the guarantor's maximum liability, recommended for consumer guarantors

4. Early Termination Rights: Specific conditions under which the guarantor may be released from obligations

5. Guarantor's Right of Recourse: Detailed provisions regarding the guarantor's rights against the tenant after paying under the guarantee

6. Consumer Protection Declarations: Required when the guarantor is acting as a consumer under Austrian law, including mandatory warnings and acknowledgments

7. Property Management: Required when a property manager is involved in administering the lease

Suggested Schedules

1. Schedule 1 - Primary Lease Agreement: Copy or key terms of the main lease agreement being guaranteed

2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee

3. Schedule 3 - Property Details: Description of the leased property and any included fixtures/fittings

4. Schedule 4 - Form of Demand: Template for making a demand under the guarantee

5. Appendix A - Guarantor's Financial Statement: If required, financial information provided by the guarantor

6. Appendix B - Consumer Protection Notice: Mandatory warnings and information for consumer guarantors under Austrian law

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 | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




























Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Student Housing

Corporate Housing

Retail

Hospitality

Office Space

Industrial Properties

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Risk Management

Compliance

Operations

Asset Management

Tenant Relations

Contract Administration

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Contract Administrator

Tenant Relations Manager

Asset Manager

Property Portfolio Manager

Risk Manager

Compliance Officer

Housing Officer

Student Accommodation Manager

Facilities Manager

Real Estate Director

Tenancy Administrator

Industries






Teams

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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