In its recent decision on 8 Ob 74/24a, the Supreme Court declared numerous clauses in rental agreements of a property management company to be unlawful. Of a total of 39 clauses reviewed, 37 were classified as unlawful as they either violated the Consumer Protection Act, were grossly disadvantageous or were deemed non-transparent. Only two clauses – one on the definition of heating components as inventory and one on the handover of the rental property in a usable condition – were deemed permissible.

The decision shows once again how important it is to draft rental agreement clauses carefully and in accordance with the law, particularly with regard to the transparency and balance of the provisions. It can therefore be useful for landlords and property managers to review and, if necessary, amend existing rental agreements in order to eliminate any ambiguities and prevent legal disputes.

Against this background, the use of model contracts can also pose a considerable risk.

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