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Sublet Tenancy Agreement Template for Austria

A comprehensive legal document governed by Austrian law that establishes the terms and conditions for subletting a property from an existing tenant to a subtenant. This agreement is structured in accordance with the Austrian Tenancy Act (Mietrechtsgesetz) and the General Civil Code (ABGB), incorporating mandatory provisions for residential subletting in Austria. The document outlines key aspects including rent payment terms, duration, maintenance responsibilities, and the relationship between the head lease and sublease, while ensuring compliance with Austrian registration requirements and tenant protection regulations.

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What is a Sublet Tenancy Agreement?

The Sublet Tenancy Agreement is a crucial document used when an existing tenant wishes to rent out all or part of their rented property to another party in Austria. This document is essential for establishing a legal subletting arrangement while ensuring compliance with Austrian tenancy laws, particularly the Mietrechtsgesetz and ABGB. It's commonly used in situations involving temporary relocations, student housing, or when tenants need to sublet their space for personal or financial reasons. The agreement must incorporate specific provisions required by Austrian law, including registration requirements, explicit head landlord consent, and mandatory tenant protections. It details the relationship between all parties involved, specifies rental terms, outlines maintenance responsibilities, and ensures the subtenant's obligations align with the head lease terms.

What sections should be included in a Sublet Tenancy Agreement?

1. Parties: Identification of the sublandlord (original tenant) and subtenant, including full legal names, addresses, and identification numbers

2. Background: Context of the sublease, including reference to the head lease and confirmation of necessary permissions from the head landlord

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

4. Property Details: Specific description of the sublet property, including address and any parts excluded from the sublease

5. Term and Commencement: Duration of the sublease, start date, and any conditions for renewal

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and details of any utilities or service charges

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

8. Permitted Use: Specified allowed uses of the property and any restrictions

9. Maintenance and Repairs: Responsibilities of each party regarding property maintenance and repairs

10. Insurance and Liability: Insurance requirements and allocation of liability between parties

11. Head Lease Obligations: Subtenant's obligation to comply with head lease terms and conditions

12. Termination: Grounds and procedures for termination by either party

13. Registration: Requirements for registration with authorities as per Austrian law

14. Governing Law: Confirmation of Austrian law application and jurisdiction

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Sublet Tenancy Agreement?

1. Furnished Property Provisions: Used when the property is let furnished, including inventory and condition

2. Shared Facilities: Required when the subtenant has access to common areas or shared facilities

3. Pets: Include when pets are allowed or specifically prohibited

4. Subletting and Assignment: Include if further subletting or assignment rights are to be granted or explicitly prohibited

5. Operating Costs Settlement: Include when there's a specific arrangement for settling operating costs (Betriebskosten)

6. Energy Performance: Required when specific energy performance certificates or requirements need to be addressed

7. Parking: Include when parking spaces are part of the sublease

8. House Rules: Include when there are specific building or community rules that need to be incorporated

What schedules should be included in a Sublet Tenancy Agreement?

1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and fixtures included in the sublease

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

3. Schedule 3 - Head Lease Extract: Relevant excerpts from the head lease that affect the sublease

4. Schedule 4 - House Rules: Building or community rules and regulations

5. Schedule 5 - Utility Agreements: Details of utility arrangements and payment responsibilities

6. Appendix A - Head Landlord's Consent: Written consent from the head landlord for the sublease

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

8. Appendix C - Registration Forms: Required registration forms for local authorities

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

Agreement Contract

Cost

Free to use

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