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Fixed Term Lease Agreement for Austria

Fixed Term Lease Agreement Template for Austria

This Fixed Term Lease Agreement template is designed for use under Austrian law, incorporating requirements from the Austrian Tenancy Act (Mietrechtsgesetz) and Civil Code (ABGB). It provides a comprehensive framework for both residential and commercial fixed-term leases, ensuring compliance with Austrian legal requirements including mandatory minimum terms, notice periods, and tenant protection provisions. The document addresses essential elements such as rent payments, operating costs, maintenance obligations, and termination conditions, while incorporating specific Austrian legal concepts and requirements for fixed-term tenancies.

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What is a Fixed Term Lease Agreement?

This Fixed Term Lease Agreement is specifically designed for use in Austria, where lease agreements are governed by strict regulatory requirements under the Mietrechtsgesetz (MRG) and the Austrian Civil Code (ABGB). The document should be used when parties wish to establish a fixed-term tenancy with a clearly defined end date, noting that Austrian law requires minimum term periods and specific conditions for fixed-term leases. It includes all mandatory provisions required by Austrian law, such as rent and operating costs calculations, maintenance responsibilities, and termination conditions. The agreement is suitable for both residential and commercial properties, though different legal provisions may apply depending on the property's use. When implementing this agreement, parties should be aware that Austrian law provides significant tenant protections and that certain provisions cannot be contracted out of.

What sections should be included in a Fixed Term Lease Agreement?

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 agreement and confirmation that the landlord has the right to lease the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the leased property, including address, size, and any included fixtures and fittings

5. Term and Commencement: Specific start and end dates of the lease, noting Austrian law requirements for minimum terms

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and provisions for rent reviews

7. Operating Costs and Utilities: Breakdown of operating costs (Betriebskosten) and responsibility for utility payments

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 of landlord and tenant for maintenance, repairs, and renovations

11. Insurance: Required insurance coverage for both parties

12. Access and Inspection: Landlord's rights to access the property and notice requirements

13. Termination: Conditions and process for early termination, notice periods, and return of property

14. Governing Law: Confirmation that the agreement is governed by Austrian law

15. Signatures: Execution section for all parties

What sections are optional to include in a Fixed Term Lease Agreement?

1. Subletting: Terms for subletting or assignment, if permitted

2. Pets: Rules regarding keeping pets in the property, if relevant

3. Alterations and Improvements: Conditions under which the tenant may make changes to the property

4. Parking: Details of any parking arrangements if included

5. Garden Maintenance: Responsibilities for garden maintenance if there is outdoor space

6. Common Areas: Rules and access rights for common areas in multi-unit buildings

7. Energy Performance: Energy efficiency details as required by EU regulations

8. Building Rules: Reference to and incorporation of building rules for multi-unit properties

What schedules should be included in a Fixed Term Lease Agreement?

1. Inventory List: Detailed inventory of furniture, appliances, and fixtures included in the lease

2. Property Condition Report: Detailed description of the property condition at the start of the lease

3. House Rules: Building or complex rules and regulations

4. Floor Plan: Plan showing the layout and dimensions of the property

5. Energy Performance Certificate: Current energy performance certificate for the property

6. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

7. Operating Costs Breakdown: Detailed breakdown of all operating costs and calculation method

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

Lease Agreement

Cost

Free to use
Relevant legal definitions








































Clauses




































Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Healthcare

Education

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Administration

Compliance

Property Management

Asset Management

Risk Management

Contract Administration

Relevant Roles

Real Estate Manager

Property Manager

Facility Manager

Legal Counsel

Real Estate Agent

Leasing Manager

Asset Manager

Property Administrator

Contract Manager

Real Estate Director

Compliance Officer

Operations Manager

Housing Manager

Commercial Property Manager

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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