Residential lease agreement template for Austria

This lease is made between Landlord, hereinafter "the landlord", and Tenant or tenants, hereinafter "the tenant". Several tenants are jointly and severally liable for all obligations under this contract.

For each landlord and tenant, give the name, the address and the date of birth or company register number. List every owner.

The landlord declares that at the time of signing the landlord is Landlord's status within the meaning of the Consumer Protection Act (KSchG).

This decides the minimum fixed term: 5 years for a business, 3 years otherwise. The status at signing counts, and the landlord carries the burden of proof.

The landlord lets to the tenant the flat at Address of the flat with a usable floor area of Usable floor area (Nutzfläche) m², consisting of Rooms, equipment category Equipment category (A to D).

The usable floor area excludes balconies, terraces, cellar and attic rooms. The category matters under full application. Ask an adviser if unsure.

Also let: Parts let with the flat. Fittings and appliances let with the flat: Fittings let with the flat.

List the heating boiler and water heater here. The landlord must repair and replace them if they are let with the flat.

The parties assume that the Tenancy Act (MRG) applies to this lease as follows: Application of the MRG.

The line does not change the law: permit date, units and funding decide.

The flat is let solely as a home for the tenant and the persons living in the tenant's household. Subletting all or part of it, or any other transfer of use, requires the landlord's prior written consent.

Optional

The tenancy begins on Start date of the lease and is concluded for a term of Fixed term years. It ends on End date of the fixed term on expiry of the agreed term, without any notice.

Keep this section or the open-ended one, not both. If the lease continues after the end date, the law renews it once for 5 or 3 years. Then it is open-ended.

Optional

After one year of the originally agreed or extended term, the tenant has the right, which cannot be waived or restricted, to terminate the lease before the agreed end, to the last day of any month, through the court or in writing, with three months' notice (MRG § 29(2)).

Keep it with a fixed term under full or partial application. The earliest end is the last day of the 16th month.

Optional

The base rent permitted for an open-ended tenancy is EUR Maximum open-ended rent, in euros per month. The agreed base rent reflects the 25% reduction under MRG § 16(7).

Full application only. If the lease later becomes open-ended, the landlord can charge the higher rent from then on only if the lease states both figures.

Optional

The tenancy begins on Start date of the lease and is concluded for an indefinite period. The tenant may terminate it in writing or through the court with one month's notice to the last day of any month. The landlord may terminate only through the court and only for the reasons listed in the Tenancy Act.

Keep this section or the fixed-term one, not both. A lease with no valid written end date is open-ended.

The monthly rent consists of: base rent EUR Monthly net base rent (Hauptmietzins); advance for operating costs and current public charges EUR Operating costs and public charges; other charges EUR Other monthly charges, in euros; VAT EUR VAT in euros; total rent EUR Total monthly rent, gross, in euros.

Under full application the tenant can challenge rent above the cap within 3 years. Under a fixed term, until 6 months after the end, 10 years at most.

Operating costs and public charges are settled once a year. A credit is refunded to the tenant, and a shortfall is paid by the tenant.

Under full application only the operating costs the MRG lists can be passed on.

Optional

The base rent is index-linked in accordance with § 1(2) of the Rent Indexation Act (MieWeG).

For partial application, a lease outside the MRG, and any lease signed from 1 December 2026. Under full application the 2026 caps apply by law.

Optional

The base rent is index-linked in accordance with § 1(2) and (3) of the Rent Indexation Act (MieWeG).

For full application and a lease signed before 1 December 2026. Keep one of the two indexation lines, or delete both if the rent is not indexed.

The total rent is payable monthly in advance by day Day of the month the rent is due of each month to the landlord's account IBAN Landlord's IBAN. The date the payment is received counts.

To secure all claims under this tenancy, the tenant gives the landlord a deposit of EUR Deposit in euros in the form of Form of the deposit.

More than six rents only with a special need for security.

If the deposit is paid in money, the landlord must invest it at interest in a savings book or in another form that is equally safe and pays equal interest, separate from the landlord's assets, and must inform the tenant of this in writing on request. After the tenancy ends, the deposit with interest is to be returned without delay, except to the extent it is used for justified claims of the landlord under the tenancy.

The landlord must maintain the flat and the building as required by law. Repair and replacement of a heating boiler, water heater or other heat-producing appliance let with the flat are the landlord's responsibility.

Under full application § 3 MRG sets the landlord's duties. Otherwise § 1096 ABGB makes the landlord keep the flat usable, and a shifting clause may be void.

The tenant must service and maintain the flat and its installations, such as electricity, gas and water lines and heating and sanitary installations, so that neither the landlord nor other tenants suffer any harm. The tenant has a heating boiler serviced by a qualified firm at the intervals set by the manufacturer.

Under full application the tenant's duty covers only small measures that prevent damage, such as routine servicing of the boiler.

The tenant must report serious damage to the building and dangerous defects in the flat to the landlord without delay.

Before the tenant signed, the landlord showed the tenant an energy certificate dated Date of the energy certificate. The landlord hands it to the tenant within 14 days after the contract is concluded.

The certificate may be at most 10 years old when shown. A clause that excludes this duty has no effect.

When the tenancy ends, the tenant must return the flat cleared, cleaned and in the condition in which the tenant received it, apart from wear from normal use. All keys are to be handed to the landlord or the property manager in person.

Posting the keys is not a proper return, and the landlord can charge a use fee until the keys arrive.

A handover report signed by both parties records the condition of the flat at the start and at the return.

The landlord must bring any damage claim in court within one year after the return (ABGB § 1111).

No contract fee is due on this lease of residential premises (GebG § 33 TP 5(4) Z 1). Each party bears the cost of its own advice.

Other agreements

No clause can remove a mandatory MRG right, such as ending a fixed lease after a year. A standard-form repainting duty is usually void unless the landlord pays.

Amendments and additions to this contract must be in writing. If a provision is invalid, the remaining provisions remain valid. Each party receives one original of this contract.

Place of signature, on Date of signature. Signature of the landlord. Signature of the tenant.