The Land Rental Agreement (Grundstücksmietvertrag) is a crucial document used in Austrian real estate transactions when a party wishes to rent land without purchasing it outright. This agreement is primarily governed by the Austrian Civil Code (ABGB) and may also fall under specific regulations depending on the land's intended use, such as the Agricultural Land Act for farming purposes. It should be used whenever there is a need to establish a formal rental arrangement for land, whether for commercial, industrial, agricultural, or other purposes. The document typically includes detailed property descriptions, rental terms, usage rights, maintenance obligations, and specific Austrian legal requirements. It's essential for both landlords and tenants to protect their interests and ensure legal compliance in land rental transactions within Austria.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the rental agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including land registry details and cadastral numbers
5. Term and Commencement: Duration of the rental agreement and start date
6. Rent and Payment Terms: Rental amount, payment schedule, and method of payment
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Permitted Use: Specified purposes for which the land may be used
9. Maintenance and Repairs: Responsibilities of each party regarding property maintenance
10. Insurance and Liability: Insurance requirements and allocation of risks
11. Termination: Conditions and procedures for terminating the agreement
12. Governing Law: Confirmation of Austrian law application and jurisdiction
13. Signatures: Execution blocks for all parties
1. Agricultural Provisions: Additional terms required when the land is used for agricultural purposes, including crop rotation and soil maintenance requirements
2. Building Rights: Terms regarding any rights to construct temporary or permanent structures on the land
3. Subletting Rights: Terms and conditions for subletting, if permitted
4. Environmental Compliance: Specific environmental obligations and restrictions, particularly relevant for industrial or commercial use
5. Access Rights: Terms regarding rights of way or access through neighboring properties
6. Utilities and Services: Terms regarding connection to and payment for utilities if relevant to the property
7. Development Rights: Terms regarding future development possibilities and restrictions
8. First Right of Refusal: Terms giving the tenant priority rights to purchase the property if the landlord decides to sell
1. Property Plan: Cadastral map or survey plan showing the exact boundaries of the rental property
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Photographic Schedule: Photographs documenting the condition of the property at the start of the rental
4. Permitted Alterations: Detailed list of alterations the tenant is permitted to make to the property
5. Insurance Requirements: Detailed specifications of required insurance coverage
6. Rent Payment Schedule: Detailed breakdown of rent payments and due dates
7. Maintenance Schedule: Detailed listing of maintenance responsibilities for both parties
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