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
Repair costs received must be repaid if the damage is not repaired
Received repair costs are an advance which is intended to enable the injured party to carry out the repair. If the repair is not actually carried out, the advance must be (partially) repaid. Only the depreciation caused by the damage or defect may be retained by the injured party.
MoreWhy the dedication of residential property is important:
There is often a lack of awareness that the use of a residential property is limited by its valid dedication and the typical effects associated with this dedication.
MoreNightly subletting to tourists as a reason for termination
Lease agreements can be terminated by the landlord if the leased object is subleased for disproportionate consideration. In this case, according to a new decision of the Austrian Supreme Court, the fee which the tenant demands for the shortest sublease period (usually for one night) and the expenses during this period must be compared.
MoreNew 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.
MoreA 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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