The Online Rental Agreement is designed for use in Austria when establishing a legally binding rental relationship through digital means. It combines traditional rental agreement requirements under Austrian law with specific provisions for online execution and digital signatures. This document is suitable for both residential and commercial properties, incorporating mandatory provisions from the Austrian Civil Code (ABGB), Tenant Act (MRG), and E-Commerce Act (ECG). The agreement includes comprehensive sections on property details, rental terms, maintenance obligations, and data protection requirements, while ensuring compliance with electronic signature regulations. It's particularly relevant in today's digital environment where remote contract execution is increasingly common, while maintaining all necessary legal protections and requirements under Austrian law.
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1. Parties: Identification of landlord and tenant with full legal names, addresses, and contact information
2. Background: Context of the rental agreement and brief description of the property
3. Definitions: Key terms used throughout the agreement, including property, common areas, utilities, etc.
4. Property Description: Detailed description of the rental property, including address and any included furnishings
5. Term and Commencement: Duration of the rental agreement and start date
6. Rent and Payment Terms: Monthly rent amount, payment method, due date, and late payment consequences
7. Deposit and Fees: Security deposit amount, handling, and any additional fees
8. Utilities and Operating Costs: Allocation of utility costs and other operating expenses
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and property condition
11. Insurance and Liability: Required insurance coverage and liability provisions
12. Termination: Conditions and process for contract termination
13. Data Protection: GDPR compliance and data handling provisions
14. Electronic Execution: Provisions for online contract formation and electronic signatures
15. Governing Law: Specification of Austrian law as governing law and jurisdiction
1. Pet Provisions: Used when pets are allowed, specifying conditions and additional deposits
2. Subletting: Include when subletting is permitted, specifying conditions and approval process
3. House Rules: Used for properties with specific rules or in multi-unit buildings
4. Parking: Include when parking spaces are part of the rental
5. Common Areas: Used for properties with shared facilities or common areas
6. Energy Performance: Required for properties falling under energy certification requirements
7. Commercial Use: Include if mixed residential/commercial use is permitted
8. Special Appliances: Used when specific appliances or equipment are included in the rental
1. Schedule 1 - Property Inventory: Detailed list of furnishings and their condition
2. Schedule 2 - Property Photos: Photographic documentation of property condition at commencement
3. Schedule 3 - House Rules: Detailed building or property rules and regulations
4. Schedule 4 - Utility Agreements: Specific arrangements for utility connections and payments
5. Schedule 5 - Maintenance Schedule: Regular maintenance requirements and schedules
6. Appendix A - Energy Certificate: Property's energy performance certificate
7. Appendix B - Floor Plan: Detailed floor plan of the rental property
8. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms
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