The Commercial Lease Contract is essential for businesses seeking to lease commercial space in Austria. This document is used when a property owner (lessor) agrees to rent commercial premises to a business tenant (lessee) for commercial purposes. The agreement must comply with Austrian legislation, particularly the ABGB and relevant provisions of the MRG, while addressing specific commercial requirements. It typically includes comprehensive terms covering rent calculation, operating costs, maintenance obligations, permitted use, and termination provisions. The contract is crucial for establishing clear rights and obligations of both parties, ensuring legal compliance, and providing a framework for managing the commercial tenancy relationship. This type of agreement is particularly important given Austria's specific requirements for commercial property leases and the need to protect both landlord and tenant interests in a business context.
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1. Parties: Identification of lessor and lessee with full legal names, registration numbers for companies, and addresses
2. Background: Brief context of the lease arrangement and property overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased premises including exact location, size, and permitted use
5. Term and Commencement: Duration of lease, commencement date, and any renewal options
6. Rent and Other Payments: Base rent, payment schedule, operating costs, utilities, and indexation provisions
7. Security Deposit: Amount, form, and conditions for return of security deposit
8. Use of Premises: Permitted business activities and any restrictions on use
9. Maintenance and Repairs: Responsibilities of both parties for maintenance, repairs, and renovations
10. Insurance and Liability: Required insurance coverage and allocation of risks
11. Termination: Grounds for termination, notice periods, and consequences of termination
12. Handover and Return: Conditions for initial handover and return of premises
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and competent courts
14. Execution: Signature blocks and execution requirements
1. Subletting and Assignment: Include when subletting or assignment rights are to be specifically addressed
2. Alterations and Improvements: Include when tenant is permitted to make specific modifications to the premises
3. Operating Hours: Include for shopping center or retail locations with specific operating requirements
4. Competition Protection: Include when lessor agrees not to lease nearby premises to competitors
5. Marketing and Signage: Include for retail premises requiring specific signage or marketing provisions
6. Green Lease Provisions: Include when parties agree to specific environmental sustainability measures
7. Break Clause: Include when early termination options are granted to either party
8. Force Majeure: Include when specific provisions for unforeseen circumstances are required
1. Floor Plan: Detailed plans showing the leased area and common areas
2. Inventory List: List of fixtures, fittings, and equipment included in the lease
3. Operating Costs Breakdown: Detailed list of included operating costs and calculation method
4. House Rules: Building regulations and conduct rules if in a multi-tenant property
5. Handover Protocol: Template for documenting condition at handover and return
6. Maintenance Schedule: Detailed allocation of maintenance and repair responsibilities
7. Technical Specifications: Building systems, utilities, and technical infrastructure details
8. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Retail
Office Space
Industrial
Hospitality
Warehousing
Manufacturing
Professional Services
Healthcare
Entertainment
Food and Beverage
Relevant Teams
Legal
Real Estate
Finance
Operations
Facilities Management
Risk and Compliance
Property Management
Asset Management
Business Development
Administration
Relevant Roles
Real Estate Manager
Property Manager
Legal Counsel
Commercial Director
Facilities Manager
Chief Financial Officer
Business Development Manager
Operations Manager
Risk Manager
Compliance Officer
Asset Manager
Leasing Manager
Corporate Counsel
Finance Director
Commercial Property Agent
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