The Rolling Tenancy Agreement is essential for establishing long-term residential tenancies in Austria. This document type is commonly used when parties wish to enter into an indefinite rental arrangement, providing flexibility while maintaining legal certainty. It must comply with Austrian tenancy law, particularly the Mietrechtsgesetz (MRG) and ABGB, which offer significant tenant protections. The agreement covers crucial aspects such as rent determination, maintenance responsibilities, termination provisions, and operating costs allocation. It's particularly relevant in Austria's residential rental market, where indefinite terms are common and strict rent control provisions apply. The document serves both private and corporate landlords, ensuring their rental arrangements meet all legal requirements while protecting both parties' interests.
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1. Parties: Identification and details of the landlord and tenant, including full names, addresses, and any registration numbers
2. Background: Brief context of the agreement and property letting
3. Definitions: Key terms used throughout the agreement
4. Property Details: Complete description of the rental property, including address and any included fixtures/fittings
5. Term and Nature of Tenancy: Specification of the rolling tenancy arrangement, start date, and notice periods
6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and rent review provisions
7. Utilities and Operating Costs: Distribution of costs for utilities, heating, and other operating expenses
8. Security Deposit: Amount, terms of holding, and conditions for return of the security deposit
9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations
10. Use of Property: Permitted use of the property and any restrictions
11. Insurance: Insurance requirements for both parties
12. Access and Inspections: Landlord's rights of access and inspection procedures
13. Termination: Grounds and procedures for termination by either party
14. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Subletting: Include when subletting might be permitted under specific conditions
2. Pets: Include when pets are allowed or specific pet policies are needed
3. Parking: Include when parking spaces are part of the rental
4. Garden/External Areas: Include when the property includes garden or external areas
5. Building Rules: Include for apartments in multi-unit buildings
6. Energy Performance: Include when specific energy performance certificates or requirements need to be addressed
7. Alterations: Include when allowing or restricting property modifications
8. Smart Home Features: Include when the property includes smart home technology or special technical features
1. Schedule 1 - Inventory: Detailed list of furniture, appliances, and fixtures included in the rental
2. Schedule 2 - Property Condition Report: Detailed description of the property condition at the start of tenancy
3. Schedule 3 - House Rules: Specific rules for the property or building complex
4. Schedule 4 - Utility Agreements: Details of utility arrangements and payment responsibilities
5. Schedule 5 - Maintenance Schedule: Regular maintenance requirements and schedules
6. Appendix A - Energy Performance Certificate: Copy of the property's energy performance certificate
7. Appendix B - Floor Plan: Detailed floor plan of the rental property
8. Appendix C - Photographic Evidence: Photos documenting the property condition at the start of tenancy
Relevant legal definitions
Clauses
Relevant Industries
Residential Real Estate
Property Management
Real Estate Investment
Social Housing
Property Development
Housing Associations
Real Estate Services
Corporate Housing
Relevant Teams
Legal
Real Estate
Property Management
Facilities Management
Tenant Relations
Administrative Support
Asset Management
Operations
Compliance
Investment
Relevant Roles
Property Manager
Real Estate Agent
Legal Counsel
Housing Officer
Tenant Relations Manager
Estate Administrator
Facilities Manager
Leasing Manager
Real Estate Investment Manager
Property Administrator
Housing Association Manager
Tenancy Services Coordinator
Real Estate Portfolio Manager
Building Manager
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