The Tenancy Agreement Contract is a fundamental legal document used in Austria for establishing rental relationships between landlords and tenants. It serves as the primary instrument for defining the terms and conditions of property rental, whether residential or commercial. The agreement must comply with Austrian legislation, particularly the Mietrechtsgesetz (MRG) and the Austrian Civil Code (ABGB), which provide strong tenant protections and regulate various aspects of the landlord-tenant relationship. This document is essential for any rental arrangement in Austria and should include specific provisions about rent, duration, maintenance obligations, and termination rights, while adhering to local housing regulations and rent control measures. The agreement can be used for various types of properties, from private residential rentals to commercial spaces, but must always reflect the mandatory provisions of Austrian tenancy law.
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1. Parties: Identification and details of the landlord and tenant(s), including full names, addresses, and identification numbers
2. Background: Brief context of the rental arrangement and property ownership
3. Definitions: Key terms used throughout the agreement
4. Property Details: Detailed description of the rental property, including address, size, and included facilities
5. Term of Lease: Duration of the tenancy, start date, and type of term (fixed or indefinite)
6. Rent and Other Charges: Rent amount, payment terms, operating costs (Betriebskosten), and utility arrangements
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Use of Property: Permitted use of the property and any restrictions
9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations
10. Landlord's Obligations: Key responsibilities and obligations of the landlord
11. Tenant's Obligations: Key responsibilities and obligations of the tenant
12. Insurance: Required insurance coverage for both parties
13. Access and Inspection: Conditions under which the landlord may enter the property
14. Termination: Conditions and process for termination of the agreement
15. Governing Law: Confirmation of Austrian law application and jurisdiction
16. Signatures: Execution section for all parties
1. Subletting: Include when subletting is to be permitted, specifying conditions and approval process
2. Pets: Include when specific provisions about keeping pets need to be addressed
3. Parking: Include when parking spaces are part of the rental agreement
4. Garden/Outdoor Space: Include when the property includes garden or outdoor areas requiring specific terms
5. Building Rules: Include for apartments in multi-unit buildings with specific house rules
6. Heating System Provisions: Include when specific heating cost allocation systems are in place
7. Commercial Use: Include if any commercial activities are permitted within the property
8. Energy Performance: Include when specific energy performance certificates or requirements need to be addressed
1. Inventory List: Detailed list of furniture, appliances, and fixtures included in the rental
2. Condition Report: Detailed description of the property condition at the start of tenancy
3. House Rules: Building regulations and community rules for multi-unit properties
4. Floor Plan: Layout and measurements of the rental property
5. Utility Meters: Initial meter readings and meter identification numbers
6. Maintenance Schedule: Regular maintenance requirements and schedules
7. Energy Performance Certificate: Current energy performance certificate for the property
8. Handover Protocol: Document to be completed at the start and end of tenancy recording property condition
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