The House Rental Lease Agreement is a fundamental legal document used in Austria for establishing a formal residential tenancy relationship between a landlord and tenant. This document is essential when renting out a house in Austria and must comply with the strict requirements of the Austrian Tenancy Act (Mietrechtsgesetz) and Civil Code (ABGB). It covers crucial aspects such as rent amount, payment terms, maintenance obligations, and termination conditions, while incorporating mandatory provisions regarding operating costs, energy efficiency, and tenant protections. The agreement is typically used for long-term residential leases and must include specific Austrian legal requirements such as energy performance certificates and detailed operating cost breakdowns. It serves as a comprehensive reference document throughout the tenancy period and provides legal protection for both parties involved.
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1. Parties: Identification and contact details of the landlord and tenant(s), including full legal names, addresses, and identification numbers
2. Background: Brief context of the rental arrangement and property ownership
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and legal terms
4. Property Details: Comprehensive description of the rental property, including address, size, type, and included fixtures/fittings
5. Term of Lease: Duration of the tenancy, start date, and any renewal provisions in accordance with MRG requirements
6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and provisions for rent adjustments as per Austrian law
7. Operating Costs and Utilities: Breakdown of Betriebskosten (operating costs) and utility charges, including heating cost allocation
8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit (Kaution)
9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations
10. Use of Property: Permitted use of the property, occupancy limits, and restrictions
11. Insurance Requirements: Required insurance coverage for both landlord and tenant
12. Access and Inspection: Landlord's rights of entry and inspection procedures
13. Termination: Conditions and procedures for termination by either party, notice periods, and handover requirements
14. Governing Law: Confirmation of Austrian law application and jurisdiction
15. Signatures: Execution clause and signature blocks for all parties
1. Pets: Rules regarding pet ownership, to be included if pets are allowed or specifically prohibited
2. Subletting: Terms for subletting or assignment, if permitted
3. Renovation Permission: Specific terms for tenant modifications or improvements, if allowed
4. Parking: Terms for parking spaces or garage use, if applicable
5. Garden/Outdoor Space: Maintenance and use terms for any garden or outdoor areas, if applicable
6. Common Areas: Rules for use of common areas, particularly relevant for properties in apartment buildings
7. Smart Home Features: Terms regarding smart home technology and digital access systems, if installed
8. Environmental Provisions: Special terms regarding waste separation, energy saving measures, or sustainable practices
1. Schedule 1 - Inventory List: Detailed inventory of furniture, appliances, and fittings provided with the property
2. Schedule 2 - Condition Report: Detailed description of the property's condition at the start of tenancy, including photographs
3. Schedule 3 - House Rules: Building or community rules, particularly relevant for properties in apartment complexes
4. Schedule 4 - Energy Performance Certificate: Current Energieausweis as required by Austrian law
5. Schedule 5 - Operating Costs Breakdown: Detailed breakdown of all operating costs and calculation methods
6. Schedule 6 - Maintenance Schedule: Regular maintenance requirements and schedules for equipment and facilities
7. Appendix A - Floor Plan: Detailed floor plan of the property showing all rooms and measurements
8. Appendix B - Heating Cost Allocation: Method of heating cost calculation and distribution as per HeizKG
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