The License To Occupy Agreement serves as a flexible legal instrument under Austrian law for situations where traditional lease arrangements are either unsuitable or undesirable. This document type is commonly used for temporary space arrangements, pop-up stores, co-working spaces, or short-term commercial occupations. It provides a clear framework for the temporary use of space while ensuring the property owner retains significant control over the property. The agreement includes essential provisions regarding access rights, usage limitations, fee structures, and termination conditions, all while complying with Austrian property and contract law requirements. Unlike a traditional lease, a License to Occupy Agreement creates a personal right to use the space rather than a real property right, offering greater flexibility for both parties while maintaining legal certainty.
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1. Parties: Identification of the Licensor and Licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the property and purpose of the license
3. Definitions: Key terms used throughout the agreement including 'Property', 'License Period', 'Permitted Use', and 'License Fee'
4. Grant of License: Specific terms of the license, clearly stating this is a personal right to occupy and not a lease
5. License Period: Duration of the license, including start and end dates, and any renewal provisions
6. License Fee: Amount payable, payment terms, method of payment, and any review mechanisms
7. Licensee Obligations: Responsibilities of the licensee including maintenance, permitted use restrictions, and conduct requirements
8. Licensor Obligations: Responsibilities of the licensor including access, maintenance of common areas, and services provided
9. Insurance and Liability: Insurance requirements and allocation of risks between parties
10. Termination: Grounds for termination, notice requirements, and consequences of termination
11. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
1. Utilities and Services: Include when utilities are separately charged or when specific services are provided
2. Security Deposit: Include when a security deposit is required from the licensee
3. Alterations: Include when the licensee may need to make changes to the space
4. Shared Facilities: Include when the property includes common areas or shared facilities
5. Assignment and Sublicensing: Include when there's a need to explicitly prohibit or regulate transfer of rights
6. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
7. Data Protection: Include when personal data processing is involved
1. Schedule 1 - Property Description: Detailed description of the licensed property including floor plans and photographs
2. Schedule 2 - Plan: Floor plan or site plan showing the licensed area and any shared facilities
3. Schedule 3 - Inventory: List of any furniture, fixtures, or equipment included in the license
4. Schedule 4 - House Rules: Specific rules and regulations for the use of the property
5. Schedule 5 - Service Level Agreement: Details of any services to be provided by the licensor
6. Appendix A - Handover Protocol: Template for recording property condition at start and end of license
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Retail
Education
Hospitality
Events and Entertainment
Co-working Spaces
Professional Services
Technology
Logistics
Relevant Teams
Legal
Real Estate
Facilities Management
Operations
Property Management
Asset Management
Compliance
Commercial
Business Development
Contract Administration
Relevant Roles
Property Manager
Facilities Manager
Real Estate Director
Legal Counsel
Operations Manager
Space Planning Manager
Asset Manager
Commercial Director
Business Development Manager
Compliance Officer
Contract Administrator
Real Estate Portfolio Manager
Workspace Solutions Manager
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