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The Home Rental Agreement serves as the primary legal instrument for residential property rentals in Austria, regulated primarily by the Mietrechtsgesetz (MRG) and supplemented by the Allgemeines Bürgerliches Gesetzbuch (ABGB). This document is essential for both private and professional landlords when leasing residential properties to tenants. It covers crucial aspects including rent determination, maintenance obligations, utility costs, security deposits, and termination conditions, while incorporating specific Austrian legal requirements such as operating costs calculations and energy performance standards. The agreement is designed to protect both landlord and tenant interests while ensuring compliance with Austria's strict tenant protection laws. It's particularly important to note that Austrian rental law is generally more tenant-friendly compared to many other jurisdictions, and this agreement reflects those legal protections.

1. Parties: Identification and contact details of the landlord(s) and tenant(s), including full legal names, addresses, and identification numbers

2. Background: Brief context of the rental arrangement and property ownership status

3. Definitions: Key terms used throughout the agreement including 'Property', 'Term', 'Rent', 'Security Deposit', and other relevant terms

4. Property Details: Detailed description of the rental property, including address, size, type, and included fixtures and fittings

5. Term of Lease: Duration of the rental agreement, including start date, end date (if fixed-term), and renewal provisions

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and provisions for rent adjustments

7. Operating Costs and Utilities: Breakdown of operating costs (Betriebskosten), utility charges, and responsibility for payments

8. Security Deposit: Amount, payment terms, holding arrangements, and conditions for return of the security deposit

9. Use of Property: Permitted use of the property, occupancy limits, and restrictions

10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations

11. Landlord's Obligations: Specific duties and responsibilities of the landlord under Austrian law

12. Tenant's Obligations: Specific duties and responsibilities of the tenant under Austrian law

13. Insurance: Required insurance coverage for both parties

14. Termination: Conditions and procedures for termination of the agreement by either party

15. Governing Law: Specification of Austrian law as governing law and jurisdiction