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Commercial Tenancy Agreement for Austria

Commercial Tenancy Agreement Template for Austria

An Austrian Commercial Tenancy Agreement is a legally binding document governed by Austrian law, particularly the Austrian Business Premises Rent Act (Geschäftsraummietegesetz) and relevant provisions of the Austrian Civil Code (ABGB). This agreement establishes the terms and conditions for the rental of commercial property in Austria, including detailed provisions for rent payment, maintenance obligations, permitted use, insurance requirements, and termination conditions. It incorporates specific Austrian legal requirements while providing a comprehensive framework for both landlord and tenant rights and obligations, ensuring compliance with local commercial property regulations and business practices.

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What is a Commercial Tenancy Agreement?

The Commercial Tenancy Agreement is a crucial document for businesses seeking to lease commercial space in Austria. It serves as the primary legal instrument governing the relationship between commercial landlords and tenants, incorporating requirements from Austrian legislation including the Business Premises Rent Act and Civil Code. This document is essential when establishing or relocating business premises in Austria, whether for retail, office, industrial, or other commercial purposes. The agreement covers all vital aspects of the commercial tenancy, including rent determination, operating costs, maintenance obligations, permitted use, insurance requirements, and termination provisions. It must comply with Austrian commercial property laws while protecting both parties' interests and providing clarity on their respective rights and obligations. The document is particularly important given Austria's specific requirements for commercial leases, which differ significantly from residential tenancy laws and those of other jurisdictions.

What sections should be included in a Commercial Tenancy Agreement?

1. Parties: Identification of the landlord and tenant with full legal names, registration numbers (if applicable), and addresses

2. Background: Brief context of the agreement and property, including any relevant history or context for the lease

3. Definitions: Definitions of key terms used throughout the agreement, ensuring consistent interpretation

4. Property Description: Detailed description of the leased premises, including address, size, and included facilities

5. Term and Commencement: Duration of the lease, commencement date, and any conditions precedent

6. Rent and Other Payments: Rent amount, payment terms, deposit, operating costs, and utilities

7. Value Added Tax (VAT): VAT treatment of rent and other payments as per Austrian tax law

8. Use of Premises: Permitted use of the premises and any restrictions

9. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and replacements

10. Insurance: Required insurance coverage for both parties

11. Landlord's Obligations: Key obligations and responsibilities of the landlord

12. Tenant's Obligations: Key obligations and responsibilities of the tenant

13. Assignment and Subletting: Rules regarding assignment of the lease or subletting the premises

14. Termination: Conditions and process for termination of the lease

15. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction

16. Execution: Signature blocks and execution requirements

What sections are optional to include in a Commercial Tenancy Agreement?

1. Break Clause: Optional early termination provisions, included when parties agree to specific break rights

2. Fit-out Works: Details of any initial fit-out works, included when premises require modification before occupation

3. Service Charge: Detailed service charge provisions, included for properties with common areas or shared services

4. Environmental Provisions: Specific environmental obligations, included for properties with environmental sensitivities or requirements

5. Guarantees: Guarantee provisions, included when additional security is required from the tenant

6. Option to Renew: Terms for lease renewal, included when parties agree to potential extension rights

7. Building Rules: Specific building rules and regulations, included for premises in multi-tenant buildings

8. Alterations: Detailed provisions regarding permitted alterations, included when significant modifications are anticipated

What schedules should be included in a Commercial Tenancy Agreement?

1. Floor Plan: Detailed plans showing the leased premises and any common areas

2. Inventory: List of fixtures, fittings, and equipment included in the lease

3. Condition Report: Detailed description of the premises condition at lease commencement

4. Operating Costs Breakdown: Detailed breakdown of operating costs and allocation methodology

5. House Rules: Building regulations and operational procedures

6. Handover Protocol: Template for documenting the handover of premises

7. Permitted Alterations: Specifications of allowed modifications to the premises

8. Form of Bank Guarantee: Template for any required bank guarantee

9. Service Level Agreement: Details of any services provided by the landlord

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Rental Agreement

Cost

Free to use
Relevant legal definitions










































Clauses






































Relevant Industries

Retail

Office Space

Industrial & Warehousing

Hospitality

Healthcare

Technology

Professional Services

Manufacturing

Logistics

Entertainment & Leisure

Financial Services

Education

Food & Beverage

Automotive

Relevant Teams

Legal

Finance

Operations

Facilities Management

Real Estate

Risk & Compliance

Procurement

Business Development

Property Management

Asset Management

Corporate Services

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Real Estate Manager

Facilities Manager

Property Manager

Legal Counsel

Commercial Director

Operations Manager

Finance Director

Business Development Manager

Procurement Manager

Risk Manager

Compliance Officer

Store Manager

Branch Manager

Regional Director

Asset Manager

Property Investment Manager

Lease Administrator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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