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Residence Agreement Template for Austria

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Key Requirements PROMPT example:

Residence Agreement

"I need a Residence Agreement for a furnished apartment in Vienna's 19th district, starting March 1, 2025, with specific provisions for a student tenant who will have a guarantor and the possibility of keeping a small pet."

Document background
A Residence Agreement is essential for establishing a legally compliant residential tenancy relationship in Austria. This document is used when a property owner or management company wishes to rent out residential space to one or more tenants, whether for long-term or fixed-period occupation. The agreement must conform to Austrian tenancy law, particularly the Mietrechtsgesetz (MRG) and relevant provisions of the ABGB (Austrian Civil Code). It includes mandatory provisions regarding rent calculation, operating costs, maintenance obligations, and tenant protections, while also addressing practical aspects such as property use, utility responsibilities, and security deposit requirements. This document serves as the primary reference point for both parties throughout the tenancy and should be carefully drafted to ensure all Austrian legal requirements are met while clearly defining the rights and obligations of all parties involved.
Suggested Sections

1. Parties: Identification of landlord/property owner and tenant(s) with full legal names and addresses

2. Background: Brief context of the agreement and property letting

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the rental property including address and specific areas included/excluded

5. Term: Duration of the tenancy, start date, and end date if fixed-term

6. Rent and Payments: Rent amount, payment schedule, method of payment, and deposit details

7. Operating Costs and Utilities: Breakdown of operating costs (Betriebskosten) and utility charges, including payment responsibilities

8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

9. Use of Property: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations

11. Tenant Obligations: General obligations of the tenant including care of property and compliance with regulations

12. Landlord Obligations: General obligations of the landlord including maintenance of structure and compliance with laws

13. Insurance: Required insurance coverage for both parties

14. Access: Conditions under which landlord may access the property

15. Termination: Conditions and process for termination of the agreement

16. Governing Law: Specification of Austrian law as governing law and jurisdiction

17. Signatures: Execution section for all parties to sign and date

Optional Sections

1. Pets: Rules regarding pet ownership - include when pets are allowed under specific conditions

2. Subletting: Terms for subletting or assignment - include when subletting might be permitted

3. Parking: Parking space allocation and rules - include when parking is available

4. Garden/Outdoor Areas: Rules for use and maintenance of outdoor spaces - include when property has garden or outdoor areas

5. Common Areas: Rules for use of common areas - include for apartment buildings

6. Heating System: Specific provisions about heating system operation - include when there are specific heating requirements

7. Renovation Permission: Terms for allowing tenant modifications - include when renovations might be permitted

8. Building Rules: Reference to building-specific rules - include for apartment complexes

9. Energy Certificate: Energy efficiency details - include when required by property type

Suggested Schedules

1. Schedule 1 - Inventory: Detailed list of furnishings and their condition if property is furnished

2. Schedule 2 - Property Condition Report: Detailed description of property condition at start of tenancy

3. Schedule 3 - House Rules: Building or complex specific rules and regulations

4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of all operating costs and calculation methods

5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

6. Appendix A - Floor Plan: Floor plan of the property showing all relevant areas

7. Appendix B - Energy Performance Certificate: Copy of the property's energy performance certificate

8. Appendix C - Handover Protocol: Document to be completed at move-in and move-out recording property condition

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

Social Housing

Student Accommodation

Senior Living

Property Development

Property Investment

Facility Management

Relevant Teams

Legal

Property Management

Residential Leasing

Tenant Relations

Operations

Maintenance

Administration

Asset Management

Compliance

Real Estate

Relevant Roles

Property Manager

Real Estate Agent

Housing Officer

Facility Manager

Leasing Manager

Property Administrator

Legal Counsel

Tenant Relations Manager

Asset Manager

Property Operations Manager

Maintenance Coordinator

Real Estate Portfolio Manager

Housing Association Manager

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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