The Lease And Sublease Agreement is a vital legal instrument used in Austrian property transactions where a property owner (landlord) grants occupancy rights to a tenant, who may subsequently have the right to sublet to additional parties. This document is essential when establishing complex rental arrangements in Austria, particularly in situations involving commercial properties, residential units, or mixed-use developments. The agreement must comply with Austrian legal requirements, including the ABGB (Austrian Civil Code) and MRG (Tenancy Act), which provide specific protections for all parties involved. It's commonly used in both residential and commercial contexts, requiring careful consideration of mandatory provisions regarding rent control, maintenance obligations, notice periods, and operating costs. The document serves as a comprehensive framework for managing both the primary lease and any subsequent subleasing arrangements.
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1. Parties: Identification of landlord, tenant, and any guarantors with full legal names and addresses
2. Background: Context of the agreement and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the leased premises including address and relevant land registry details
5. Term and Commencement: Duration of lease, start date, and any renewal options
6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment
7. Operating Costs and Utilities: Distribution of operating costs and utility charges between parties
8. Security Deposit: Amount, payment terms, and conditions for return of security deposit
9. Use of Premises: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements
11. Insurance and Liability: Required insurance coverage and allocation of risks
12. Sublease Provisions: Terms and conditions for subletting, including approval process
13. Access and Inspection: Landlord's rights to access the property
14. Termination: Grounds for termination and notice requirements
15. Return of Premises: Conditions for returning the property at lease end
16. Governing Law: Confirmation of Austrian law application and jurisdiction
17. Notices: Process for formal communications between parties
18. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Parking: Terms for parking spaces if included in the lease
2. Alterations and Improvements: Detailed provisions for significant modifications to the property
3. Building Rules: Reference to and incorporation of building rules for multi-unit properties
4. Pets: Terms regarding keeping pets on the premises
5. Commercial Use Provisions: Specific terms for commercial tenants including signage and business hours
6. Green Lease Provisions: Environmental and sustainability requirements
7. Break Clause: Early termination options for either party
8. Force Majeure: Provisions for extraordinary circumstances affecting the lease
1. Floor Plan: Detailed plan of the leased premises
2. Inventory List: List of furniture and equipment if provided
3. Condition Report: Detailed description of property condition at commencement
4. Operating Costs Breakdown: Detailed list of operating costs and calculation methods
5. House Rules: Building regulations and community rules
6. Maintenance Schedule: Schedule of regular maintenance responsibilities
7. Utilities and Services: List of utilities and services included/excluded from rent
8. Approved Alterations: Details of any pre-approved modifications to the property
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