The Periodic Rental Agreement is a fundamental legal document used in Austria for establishing ongoing rental relationships between landlords and tenants. This document is essential when parties wish to enter into an open-ended rental arrangement rather than a fixed-term lease. It must comply with the Austrian Tenancy Act (Mietrechtsgesetz) and Civil Code (ABGB), which provide substantial tenant protections and specific requirements for rental agreements. The document is suitable for both residential and commercial properties, though different provisions may apply depending on the property's use. It includes comprehensive terms covering rent, operating costs, maintenance obligations, notice periods, and other essential aspects of the landlord-tenant relationship. The agreement also addresses mandatory registration requirements under the Meldegesetz and incorporates necessary provisions for security deposits and utility arrangements.
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1. Parties: Identification of landlord and tenant with full legal names and addresses
2. Background: Brief context of the rental arrangement and property overview
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the rental property including address and specific included areas
5. Term and Commencement: Start date and nature of the periodic tenancy (monthly/yearly)
6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment
7. Operating Costs and Utilities: Definition and allocation of operating costs (Betriebskosten) and utility charges
8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
10. Use of Property: Permitted use of the property and any restrictions
11. Insurance and Liability: Required insurance coverage and liability provisions
12. Notice Requirements: Notice periods and procedures for termination by either party
13. Registration Requirements: Obligations regarding residence registration under Meldegesetz
14. Governing Law: Confirmation of Austrian law application and jurisdiction
15. Execution: Signature blocks and date of agreement
1. Subletting: Include when subletting is to be permitted, specifying conditions and approval process
2. Pets: Include when specific provisions about keeping pets need to be addressed
3. Parking: Include when parking spaces are part of the rental
4. Common Areas: Include for properties with shared facilities or common areas
5. Energy Performance: Include when specific energy efficiency provisions need to be addressed
6. Building Rules: Include when there are specific building or complex rules to be incorporated
7. Renovation Rights: Include when specific provisions about tenant renovations are needed
8. Business Use: Include when partial business use of residential property is to be permitted
1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and fixtures included in the rental
2. Schedule 2 - Condition Report: Detailed description of property condition at commencement of rental
3. Schedule 3 - House Rules: Building or complex rules and regulations
4. Schedule 4 - Operating Costs Breakdown: Detailed breakdown of operating costs and calculation method
5. Schedule 5 - Maintenance Schedule: Detailed maintenance responsibilities and schedules
6. Appendix A - Energy Performance Certificate: Copy of property's energy performance certificate
7. Appendix B - Floor Plan: Floor plan of the rental property
8. Appendix C - Handover Protocol: Template for recording property handover at start and end of tenancy
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Property Management
Legal Services
Housing
Property Development
Facility Management
Corporate Real Estate
Hospitality
Relevant Teams
Legal
Real Estate
Property Management
Facilities
Operations
Administrative
Contracts
Asset Management
Tenant Relations
Compliance
Housing
Relevant Roles
Property Manager
Real Estate Agent
Legal Counsel
Housing Officer
Facility Manager
Leasing Manager
Real Estate Administrator
Property Administrator
Contracts Manager
Real Estate Operations Manager
Tenant Relations Manager
Asset Manager
Building Manager
Real Estate Portfolio Manager
Legal Administrative Assistant
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