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Company Lease Agreement for Austria

Company Lease Agreement Template for Austria

An Austrian Company Lease Agreement is a legally binding document governed by Austrian law, particularly the ABGB (Austrian Civil Code) and MRG (Business Premises Rent Act), that establishes the terms and conditions for the commercial lease of property between a landlord and a business tenant. The agreement covers essential elements including rent payments, maintenance obligations, permitted use, insurance requirements, and term duration, while incorporating specific provisions required under Austrian commercial property law. It provides comprehensive protection for both parties while ensuring compliance with local building regulations and commercial property standards.

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What is a Company Lease Agreement?

The Company Lease Agreement is essential for businesses seeking to lease commercial premises in Austria. This document is specifically designed to comply with Austrian legal requirements, including the ABGB (Austrian Civil Code) and MRG (Business Premises Rent Act), while protecting the interests of both landlord and tenant. It should be used whenever a business entity intends to lease commercial space, whether for office use, retail, manufacturing, or other business purposes. The agreement includes crucial provisions regarding rent, maintenance, permitted use, insurance, and other operational aspects, while incorporating specific Austrian legal protections and obligations. It's particularly important as it establishes clear rights and responsibilities, helping prevent future disputes and ensuring smooth business operations.

What sections should be included in a Company Lease Agreement?

1. Parties: Identification of landlord and tenant, including full legal names, registration numbers, and registered addresses

2. Background: Context of the lease agreement and brief description of the premises and intended use

3. Definitions: Definitions of key terms used throughout the agreement

4. Premises: Detailed description of the leased property, including address, size, and included facilities

5. Term: Duration of the lease, commencement date, and any renewal options

6. Rent and Other Payments: Base rent, payment schedule, operating costs, utilities, and other charges

7. Value Added Tax: VAT treatment of rent and other payments as per Austrian tax law

8. Security Deposit: Amount, form, and conditions of the security deposit

9. Use of Premises: Permitted use of the premises and any restrictions

10. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and improvements

11. Insurance: Required insurance coverage for both parties

12. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises

13. Landlord's Obligations: Key obligations and warranties of the landlord

14. Tenant's Obligations: Key obligations and warranties of the tenant

15. Termination: Grounds for termination and notice requirements

16. Return of Premises: Conditions for returning the premises at lease end

17. Governing Law: Confirmation of Austrian law application and jurisdiction

18. Notices: Process for formal communications between parties

19. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

What sections are optional to include in a Company Lease Agreement?

1. Break Clause: Early termination options - include when parties want flexibility to end lease early

2. Fit-out Works: Specifications for initial tenant improvements - include when premises require modification

3. Service Charge: Detailed service charge provisions - include for multi-tenant buildings

4. Green Lease Provisions: Environmental and sustainability requirements - include for eco-certified buildings

5. Parking: Parking rights and regulations - include when parking spaces are part of lease

6. Signage Rights: Rules for external and internal signage - include for retail/commercial premises

7. Operating Hours: Specified business hours and access rights - include for premises in managed buildings

8. COVID-19 Provisions: Special provisions for pandemic situations - include based on current circumstances

What schedules should be included in a Company Lease Agreement?

1. Floor Plan: Detailed plans showing the leased premises and common areas

2. Inventory: List of fixtures, fittings, and equipment included in the lease

3. Building Rules: Specific rules and regulations for the building or complex

4. Service Charge Budget: Detailed breakdown of estimated service charges

5. Condition Report: Documentation of premises condition at lease commencement

6. Fit-out Specifications: Technical specifications for permitted tenant improvements

7. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

8. Operating Costs Breakdown: Detailed list of operating costs and allocation method

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

Lease Agreement

Cost

Free to use
Relevant legal definitions




































Clauses



































Relevant Industries

Real Estate

Retail

Manufacturing

Professional Services

Technology

Healthcare

Hospitality

Logistics

Financial Services

Education

Media and Entertainment

Relevant Teams

Legal

Finance

Operations

Facilities Management

Real Estate

Risk Management

Procurement

Corporate Affairs

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Facilities Manager

Real Estate Manager

Property Manager

Legal Counsel

Commercial Director

Operations Manager

Finance Director

Business Development Manager

Procurement Manager

Risk Manager

Company Secretary

Office 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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