Real estate law

  • Advise on real estate acquisitions
  • Trustees within scope of property development projects pursuant to Property Development Act (Bauträgervertragsgesetz)
  • Design and incorporation of condominium agreements in the land register, leasement-agreements und building rights agreements
  • Design of leasing or rental agreements
 

New ruling concerning lease fees

According to a new ruling by the VwGH, a contract is treated as a fixed-term contract even if only one contracting party renounces its right of termination, while the other party is limited to a few reasons for termination, which presuppose a misconduct on the part of the tenant. This has significant consequences for the calculation of lease fees.

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A question of exposure

OGH clarified the emphasis of exposure on the alteration of house rent. Checking your rental contract is worth doing. Do accessibility of public transport and shopping justify surcharges? A Viennese plaintiff fought for her rent’s review.

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Change in fees for leases

According to the so far effective Fees Act, fees had to be paid when concluding a lease contract, regardless of the purpose of the lease. Only contracts for the rental of living space up to a period of three months were exempted from fees. Now, the Austrian parliament has passed an amendment to the law, according to which the fee for lease contracts concerning the rental of living space will be cancelled, regardless of their duration. This change is effective for lease contracts concluded since November 11th 2017.

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