The Lease Transfer Agreement is a crucial document used when an existing tenant wishes to transfer their lease obligations to a new tenant under Austrian law. This type of agreement is commonly required in situations such as business relocations, assignment of commercial leases, or when residential tenants need to transfer their lease rights. The document must comply with the Austrian Civil Code (ABGB) and the Austrian Tenancy Act (Mietrechtsgesetz), addressing key aspects such as landlord's consent, transfer of security deposits, and allocation of liabilities. It's particularly important in commercial contexts where lease transfers are more complex and require careful consideration of business continuity, regulatory compliance, and protection of all parties' interests. The agreement needs to address specific Austrian legal requirements, including registration obligations and stamp duty considerations.
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1. Parties: Identification of all parties: Landlord, Current Tenant (Transferor), and New Tenant (Transferee)
2. Background: Details of the existing lease agreement, including date, property description, and reason for transfer
3. Definitions: Key terms used in the agreement, including 'Effective Date', 'Property', 'Original Lease', 'Transfer Date'
4. Transfer of Lease: Core provisions detailing the transfer of rights and obligations from current tenant to new tenant
5. Landlord's Consent: Express consent of the landlord to the transfer and any conditions attached
6. Security Deposit: Arrangements for transfer or replacement of existing security deposit
7. Liabilities: Distribution of liabilities between current and new tenant, including pre-transfer obligations
8. Representations and Warranties: Statements by all parties regarding their capacity and authority to enter into the agreement
9. Costs: Allocation of costs associated with the transfer, including registration fees and stamp duty
10. Notices: Communication procedures and contact details for all parties
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Modifications to Original Lease: Required if any terms of the original lease are being modified as part of the transfer
2. Guarantor Provisions: Required if there are guarantors for either the current or new tenant
3. Condition of Premises: Optional section documenting the state of the property at transfer
4. Assignment of Additional Rights: Required if there are parking spaces, storage units, or other auxiliary rights being transferred
5. Break Clause: Optional section providing early termination rights to the new tenant
6. Utilities and Services: Required if there are specific arrangements for transfer of utility contracts or services
1. Schedule 1 - Original Lease: Copy of the original lease agreement and any amendments
2. Schedule 2 - Property Details: Detailed description of the leased property, including floor plans if applicable
3. Schedule 3 - Inventory: List of any furniture, fixtures, or equipment included in the lease transfer
4. Schedule 4 - Condition Report: Documentation of property condition at the time of transfer
5. Schedule 5 - Outstanding Obligations: List of any pending maintenance issues or financial obligations
6. Appendix A - Landlord's Consent Form: Formal documentation of landlord's consent to the transfer
7. Appendix B - Transfer Documentation: Any required regulatory or registration forms under Austrian law
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