The Termination Of Contract Of Lease Letter is a crucial document used in the Austrian property market when either a landlord or tenant wishes to formally end a lease agreement. It must be drafted in accordance with Austrian legislation, particularly the ABGB (Austrian Civil Code) and the Mietrechtsgesetz (Tenancy Act), which set specific requirements for notice periods, formal structure, and delivery methods. This document is essential for both residential and commercial properties and must include precise details about the property, parties involved, termination date, and arrangements for property handover. The letter serves as legal proof of the intention to terminate and must be carefully drafted to ensure enforceability under Austrian law. Different requirements may apply depending on whether the lease falls under partial or full application of the Mietrechtsgesetz, making it crucial to consider the specific type of lease when preparing the termination notice.
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1. Sender Details: Full name and address of the party sending the termination notice (landlord or tenant)
2. Recipient Details: Full name and address of the other party to whom the termination notice is being sent
3. Date: Current date of the letter in Austrian format
4. Subject Line: Clear indication that this is a termination notice for the specific lease agreement
5. Property Identification: Complete address and description of the leased property
6. Lease Agreement Reference: Date and reference number of the original lease agreement
7. Termination Declaration: Clear and unambiguous statement of termination
8. Termination Date: Specific date when the lease will end, complying with notice periods under Austrian law
9. Handover Arrangements: Proposed date and process for property inspection and key return
10. Signature Block: Space for signature, name, and title of the sender
1. Reason for Termination: Explanation of termination grounds - required if termination is for cause or if specific grounds are being cited under the MRG
2. Security Deposit Return: Details about the return of the security deposit - include when termination is from tenant
3. Outstanding Payments: Reference to any pending rent or utility payments - include if there are outstanding amounts
4. Property Damage: Description of any damage to the property that needs to be addressed - include if relevant
5. Legal References: Specific references to relevant laws or lease agreement clauses - include when termination is based on specific legal grounds
6. Without Prejudice: Statement preserving legal rights - include when there are disputed issues
1. Original Lease Agreement: Copy of the original lease agreement referenced in the termination notice
2. Photographic Evidence: Current photos of the property condition, if relevant to the termination
3. Payment Records: Documentation of rent payments or outstanding amounts, if relevant
4. Legal Notices: Copies of any previous relevant notices or correspondence
5. Property Inspection Report: Current condition report of the property, if already completed
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