The Commercial Real Estate Lease Agreement is a vital legal instrument used for establishing and governing the relationship between commercial landlords and tenants in Austria. This document is essential when a property owner wishes to lease commercial space to a business tenant, whether for retail, office, industrial, or other commercial purposes. The agreement must comply with Austrian legal requirements, particularly the Austrian Civil Code (ABGB) and commercial property regulations. It covers crucial aspects such as lease terms, rent calculations, operating costs, maintenance responsibilities, and specific Austrian market practices. The document is designed to protect both parties' interests while ensuring compliance with local property laws, building regulations, and commercial usage requirements. It is particularly important for businesses establishing or expanding their physical presence in Austria and for property owners looking to monetize their commercial real estate assets.
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1. Parties: Identification of landlord and tenant with full legal details as required under Austrian law
2. Background: Context of the lease agreement and brief property description
3. Definitions: Key terms used throughout the agreement, including Austrian legal terminology
4. Property Description: Detailed description of the leased premises including exact measurements and designated use
5. Term and Commencement: Duration of lease, commencement date, and any renewal options
6. Rent and Operating Costs: Base rent, operating costs (Betriebskosten), payment terms, and indexation provisions
7. Security Deposit: Amount, form, and conditions of the security deposit (Kaution)
8. Use of Premises: Permitted commercial use and any restrictions
9. Maintenance and Repairs: Distribution of maintenance and repair obligations between parties
10. Alterations and Improvements: Rules regarding modifications to the premises
11. Insurance: Required insurance coverage for both parties
12. Assignment and Subletting: Conditions for transferring or subletting the premises
13. Landlord's Rights and Obligations: Specific duties and rights under Austrian law
14. Tenant's Rights and Obligations: Specific duties and rights under Austrian law
15. Termination: Grounds for termination and notice requirements
16. Return of Premises: Conditions for returning the property at lease end
17. Governing Law and Jurisdiction: Confirmation of Austrian law application and court jurisdiction
18. Notices: Communication procedures between parties
19. Miscellaneous: Standard boilerplate provisions adapted to Austrian law
1. Parking: Terms for parking spaces if included in the lease
2. Common Areas: Rules for shared facilities in multi-tenant buildings
3. Signage Rights: Provisions for external and internal business signage
4. Environmental Provisions: Special environmental obligations and certifications
5. Building Services: Special provisions for services like reception or security
6. Break Clause: Early termination options if agreed
7. Fit-out Works: Terms for initial tenant improvements
8. Operating Hours: Specific provisions for business hours and access
9. Green Lease Provisions: Environmental and sustainability obligations
10. Covid-19/Pandemic Provisions: Special terms for handling public health emergencies
1. Floor Plans: Detailed plans showing the leased area
2. Inventory List: List of included fixtures, fittings, and equipment
3. Operating Costs Breakdown: Detailed list of includable operating costs
4. House Rules: Building regulations and conduct rules
5. Handover Protocol: Template for recording property condition at handover
6. Maintenance Schedule: Detailed maintenance responsibilities and intervals
7. Permitted Alterations: Pre-approved alterations and specifications
8. Insurance Requirements: Detailed insurance specifications
9. Rent Index Calculation: Method for calculating rent adjustments
10. Building Technical Specifications: Technical details of building systems and services
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Retail
Hospitality
Financial Services
Professional Services
Manufacturing
Technology
Healthcare
Education
Logistics
Entertainment
Food and Beverage
Automotive
Construction
Energy
Relevant Teams
Legal
Real Estate
Facilities Management
Finance
Operations
Risk and Compliance
Property Management
Asset Management
Business Development
Administration
Relevant Roles
Real Estate Manager
Property Manager
Facilities Manager
Legal Counsel
Commercial Director
Chief Financial Officer
Operations Manager
Asset Manager
Leasing Manager
Risk Manager
Compliance Officer
Business Development Manager
Real Estate Agent
Property Surveyor
Branch Manager
Store Manager
General Counsel
Contract Manager
Real Estate Director
Finance Director
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