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The Subletting Tenancy Agreement is essential in situations where an existing tenant wishes to rent out all or part of their leased property to another party in Austria. This document is particularly relevant when tenants need to temporarily relocate, want to share costs, or cannot utilize the entire rental space. The agreement must comply with Austrian legislation, specifically the Mietrechtsgesetz (MRG) and ABGB, and typically requires the landlord's consent. It includes detailed provisions about rent, utilities, maintenance, duration, and specific conditions inherited from the main lease agreement. This document is crucial for protecting both the sublessor's and subtenant's rights while ensuring compliance with Austrian housing laws and regulations. It's commonly used in both residential and commercial contexts, requiring careful consideration of the main lease terms and local housing regulations.

1. Parties: Identification of the main tenant (sublessor) and subtenant, including full names, addresses, and identification numbers

2. Background: Context of the sublease, including reference to the main lease agreement and confirmation of permission to sublet from the property owner

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Main Lease', 'Term', etc.

4. Property Description: Detailed description of the sublet property, including address and which parts are being sublet

5. Term and Commencement: Duration of the sublease, start date, and end date (if fixed-term)

6. Rent and Payment Terms: Amount of rent, payment schedule, method of payment, and any automatic adjustment mechanisms

7. Operating Costs and Utilities: Distribution of operating costs, utilities, and other charges between sublessor and subtenant

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 and repairs between sublessor and subtenant

11. House Rules: Reference to and incorporation of building/property house rules

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

13. Final Provisions: Governing law, jurisdiction, and formal requirements for modifications