The Simple Tenancy Agreement is a fundamental legal document used in Austria for establishing rental relationships between landlords and tenants. This document is specifically designed to comply with Austrian tenancy law, including the ABGB (Austrian Civil Code) and the Mietrechtsgesetz (Tenancy Act), which provide strong tenant protections and regulate various aspects of the landlord-tenant relationship. The agreement is suitable for both private and small-scale commercial rentals, containing all essential elements required by Austrian law while remaining straightforward enough for general use. It includes provisions for rent, operating costs, maintenance obligations, and termination rights, while allowing for customization based on specific property characteristics and parties' needs. This document serves as a crucial tool for property owners, managers, and tenants to establish clear terms and ensure legal compliance in the Austrian rental market.
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1. Parties: Identification of landlord and tenant(s) with full legal names, addresses, and identification numbers
2. Background: Brief context of the agreement and confirmation that parties wish to enter into a tenancy agreement
3. Definitions: Key terms used throughout the agreement including 'Property', 'Term', 'Rent', etc.
4. Property Details: Detailed description of the rental property, including address and specific included areas
5. Term of Lease: Duration of the tenancy, start date, and type of term (fixed or indefinite)
6. Rent and Payment Terms: Amount of rent, payment schedule, method of payment, and indexation provisions
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. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
11. Insurance and Liability: Required insurance coverage and liability provisions
12. Termination: Conditions and notice periods for termination of the agreement
13. Final Provisions: Governing law, jurisdiction, and formal requirements for modifications
1. Subletting: Include when subletting is to be permitted, specifying conditions and approval process
2. Pets: Include when specific provisions regarding keeping pets need to be addressed
3. Parking: Include when parking spaces are part of the rental agreement
4. Common Areas: Include for apartments in multi-unit buildings to define rights and rules for common areas
5. Garden Use: Include when the property includes garden access or maintenance obligations
6. Renovation Rights: Include when specific provisions about tenant renovations are needed
7. Building Rules: Include for properties subject to specific building or complex rules
8. Energy Performance: Include when specific energy performance certificates or provisions are required
1. Inventory List: Detailed list of furniture, appliances, and fixtures included in the rental
2. Handover Protocol: Document recording the condition of the property at the start of tenancy
3. House Rules: Building or complex rules and regulations
4. Operating Costs Breakdown: Detailed breakdown of operating costs and calculation method
5. Energy Performance Certificate: Copy of the property's energy performance certificate
6. Floor Plan: Plan showing the layout and dimensions of the rental property
7. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
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Relevant Teams
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Operations
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Administrative Support
Asset Management
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Real Estate Investment Manager
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Contract Administrator
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