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House Contract for Austria

House Contract Template for Austria

An Austrian house rental contract (Mietvertrag für ein Haus) is a legally binding agreement governed by Austrian law, particularly the Mietrechtsgesetz (MRG) and the Austrian Civil Code (ABGB). This document establishes the terms and conditions for the rental of a house property in Austria, including detailed provisions for rent payment, maintenance responsibilities, duration of tenancy, and other essential terms. It incorporates specific requirements under Austrian tenancy law, including mandatory provisions for tenant protection, maintenance obligations, and notice periods. The contract must comply with Austrian legal requirements for residential leases while providing clear terms for both landlord and tenant.

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What is a House Contract?

The House Contract (Mietvertrag für ein Haus) is a fundamental legal document used in the Austrian real estate market for establishing residential tenancy relationships. It is essential for both private and commercial landlords who wish to rent out house properties in Austria. The document must comply with the Austrian Tenancy Act (Mietrechtsgesetz) and the Austrian Civil Code (ABGB), which provide specific requirements and protections for both landlords and tenants. This contract type is used when renting out entire houses, as opposed to apartments or commercial properties, and includes specific provisions for maintenance of both the building and any associated land or gardens. The agreement typically covers aspects such as rent payment, deposit requirements, maintenance responsibilities, usage rights, and termination conditions, all within the framework of Austrian property law.

What sections should be included in a House Contract?

1. Parties (Vertragsparteien): Identification and details of the landlord and tenant, including full names, addresses, and identification numbers

2. Background (Präambel): Brief context of the rental agreement and property description

3. Definitions (Definitionen): Key terms used throughout the agreement

4. Property Description (Mietgegenstand): Detailed description of the house, including address, size, rooms, and included facilities

5. Term and Commencement (Mietdauer): Duration of the lease, start date, and any renewal provisions

6. Rent and Payment Terms (Mietzins und Zahlungsbedingungen): Rent amount, payment schedule, and method of payment

7. Operating Costs (Betriebskosten): Breakdown of operating costs and utilities, including responsibility for payment

8. Security Deposit (Kaution): Amount, payment terms, and conditions for return of the security deposit

9. Maintenance and Repairs (Instandhaltung und Reparaturen): Responsibilities for maintenance and repairs between landlord and tenant

10. Use of Property (Nutzung des Mietobjekts): Permitted use of the property and any restrictions

11. Insurance (Versicherung): Required insurance coverage and responsibilities

12. Termination (Kündigung): Conditions and process for termination of the agreement

13. Return of Property (Rückgabe des Mietobjekts): Conditions for returning the property at the end of the tenancy

14. Governing Law (Geltendes Recht): Confirmation of Austrian law application and jurisdiction

15. Signatures (Unterschriften): Execution section with date and signatures of all parties

What sections are optional to include in a House Contract?

1. Pets (Haustiere): Include when pets are allowed, specifying conditions and any additional deposits

2. Garden Maintenance (Gartenpflege): Include for properties with gardens, defining maintenance responsibilities

3. Subletting (Untervermietung): Include if subletting is to be permitted, with conditions

4. Renovation Rights (Renovierungsrechte): Include if tenant is permitted to make alterations to the property

5. Parking (Parkplatz): Include if parking spaces are part of the rental agreement

6. Energy Performance (Energieausweis): Include details of energy performance certificate if not attached as schedule

7. Special Use Rights (Sondernutzungsrechte): Include for specific facilities like storage rooms or shared spaces

8. Heating System (Heizungssystem): Include specific provisions for properties with special heating requirements

What schedules should be included in a House Contract?

1. Schedule 1 - Inventory List (Inventarliste): Detailed list of all furnishings and equipment included in the rental

2. Schedule 2 - House Rules (Hausordnung): Rules and regulations for the property and any shared facilities

3. Schedule 3 - Handover Protocol (Übergabeprotokoll): Document recording the condition of the property at handover

4. Schedule 4 - Energy Performance Certificate (Energieausweis): Current energy performance certificate for the property

5. Schedule 5 - Maintenance Schedule (Wartungsplan): Schedule of regular maintenance tasks and responsibilities

6. Schedule 6 - Floor Plans (Grundrisse): Detailed plans showing the layout of the property

7. Schedule 7 - Photographic Documentation (Fotodokumentation): Photos documenting the condition of the property at the start of tenancy

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

Agreement Contract

Cost

Free to use
Relevant legal definitions



























Clauses






































Relevant Industries

Real Estate

Property Management

Legal Services

Housing

Residential Property

Commercial Property

Property Investment

Property Development

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Contract Administration

Residential Lettings

Asset Management

Property Operations

Tenant Relations

Documentation

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Tenancy Relations Officer

Estate Manager

Letting Agent

Property Administrator

Real Estate Lawyer

Facilities Manager

Contract Manager

Property Portfolio Manager

Tenant Coordinator

Real Estate Investment 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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