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Simple Lease Agreement Template for Austria

A Simple Lease Agreement under Austrian law is a legally binding contract that establishes the terms and conditions for the rental of real property between a landlord and tenant. This document complies with the Austrian Civil Code (ABGB) and the Tenancy Act (MRG), incorporating mandatory provisions required by Austrian law while maintaining clarity and straightforwardness. It covers essential elements such as property details, rental terms, payment obligations, maintenance responsibilities, and termination conditions, while ensuring compliance with Austrian consumer protection regulations and property laws.

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What is a Simple Lease Agreement?

The Simple Lease Agreement is a fundamental legal document used in Austrian property transactions for both residential and commercial properties. It serves as the primary contract governing the relationship between landlord and tenant, structured in accordance with Austrian legal requirements, particularly the ABGB (Austrian Civil Code) and MRG (Tenancy Act). This document is essential when establishing a straightforward rental arrangement, whether for residential or commercial purposes, and includes all necessary provisions required by Austrian law while remaining accessible and clear. The agreement covers crucial aspects such as rent payment terms, maintenance obligations, security deposits, and termination procedures, all while ensuring compliance with Austrian legal standards and protecting both parties' interests.

What sections should be included in a Simple Lease Agreement?

1. Parties: Identification and details of the landlord and tenant, including full names, addresses, and registration numbers if applicable

2. Background: Brief context about the property and the parties' intention to enter into a lease agreement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Term', 'Rent', 'Security Deposit', etc.

4. Property Description: Detailed description of the leased property, including address and any included fixtures and fittings

5. Term and Commencement: Duration of the lease and start date, including any renewal options

6. Rent and Payment Terms: Amount of rent, payment schedule, method of payment, and provisions for rent reviews

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

8. Utilities and Operating Costs: Responsibility for utilities, operating costs, and service charges

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

10. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and improvements

11. Insurance: Insurance requirements for both parties

12. Termination: Grounds and procedures for termination of the lease

13. Governing Law: Confirmation that the agreement is governed by Austrian law

14. Signatures: Execution blocks for all parties

What sections are optional to include in a Simple Lease Agreement?

1. Subletting and Assignment: Include when subletting or assignment rights need to be addressed specifically

2. Alterations and Improvements: Include when the tenant may need to make changes to the property

3. Parking: Include when parking spaces are part of the lease

4. Common Areas: Include for properties in multi-unit buildings

5. Pets: Include if pets are allowed or prohibited

6. Building Rules: Include for properties in managed buildings or complexes

7. Energy Performance: Include when required by Austrian energy efficiency regulations

8. Break Clause: Include if early termination options are to be provided

What schedules should be included in a Simple Lease Agreement?

1. Schedule 1 - Inventory: Detailed list of furniture, fixtures, and fittings included in the lease

2. Schedule 2 - Property Floor Plan: Floor plan showing the leased area and any common areas

3. Schedule 3 - Condition Report: Documentation of the property's condition at the start of the lease

4. Schedule 4 - House Rules: Building or complex rules and regulations if applicable

5. Appendix A - Energy Performance Certificate: Mandatory energy performance certificate for the property

6. Appendix B - Heating Cost Allocation: Details of heating cost calculation and allocation method if in a multi-unit building

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

Jurisdiction

Austria

Document Type

Tenancy Agreement

Cost

Free to use

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