A Leasehold Contract under Austrian law is essential for documenting the legal relationship between a landlord and tenant regarding the temporary use of real property. This document type is required whenever there is a transfer of property use rights in exchange for payment in Austria, whether for residential or commercial purposes. The contract must comply with strict Austrian legal requirements, including those set forth in the ABGB (Austrian Civil Code) and MRG (Tenancy Act). It contains mandatory provisions regarding rent calculation, maintenance obligations, termination rights, and various tenant protections. The agreement's structure and content vary depending on whether it falls fully, partially, or not at all under the MRG's scope, and whether it's for residential or commercial use. Understanding when and how to use this contract type is crucial for property transactions in Austria, as it forms the foundation of the landlord-tenant relationship and helps prevent future disputes.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration numbers if applicable
2. Background: Brief context of the lease arrangement and property overview
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the leased property including address, size, and included fixtures
5. Term and Commencement: Duration of the lease and start date
6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment
7. Operating Costs and Utilities: Distribution of operating costs (Betriebskosten) and utility charges
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, repairs, and improvements
11. Insurance and Liability: Required insurance coverage and liability provisions
12. Termination: Conditions and process for lease termination
13. Governing Law: Specification of Austrian law as governing law
14. Signatures: Execution block for all parties
1. Subletting: Terms for subletting, if permitted - include when subletting might be relevant
2. Pets: Rules regarding keeping pets - include when pets are either permitted or specifically prohibited
3. Renovation Rights: Terms for tenant modifications - include for commercial properties or when significant renovations are anticipated
4. Building Rules: Reference to building rules and regulations - include for properties in multi-unit buildings
5. Parking: Parking space allocation and rules - include when parking facilities are available
6. Garden/Outdoor Space Use: Rules for garden or outdoor space use - include when property includes outdoor areas
7. Commercial Use Provisions: Specific terms for commercial use - include for business premises
8. Energy Performance: Energy efficiency details - include when required by Austrian energy efficiency regulations
1. Schedule 1: Property Floor Plan: Detailed floor plan showing the leased area and measurements
2. Schedule 2: Inventory List: Detailed list of fixtures, fittings, and furniture included in the lease
3. Schedule 3: Condition Report: Documentation of property condition at lease commencement
4. Schedule 4: House Rules: Building or complex rules and regulations
5. Schedule 5: Operating Costs Breakdown: Detailed breakdown of operating costs and calculation method
6. Appendix A: Energy Performance Certificate: Copy of the property's energy performance certificate (Energieausweis)
7. Appendix B: Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
8. Appendix C: Handover Protocol: Document to be completed during property handover
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