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Lodger Agreement
I need a lodger agreement for a tenant who will be renting a furnished room in my home for a period of 6 months, with access to shared kitchen and bathroom facilities. The agreement should include a monthly rent amount, a security deposit, and a 1-month notice period for termination by either party.
What is a Lodger Agreement?
A Lodger Agreement creates a legal arrangement between a homeowner and someone who rents a room while sharing common areas like the kitchen or bathroom. Under Austrian tenancy law, this differs from a standard rental contract because the homeowner continues living in the property and maintains primary control over the shared spaces.
These agreements spell out key terms like payment schedules, house rules, and notice periods, while giving lodgers fewer rights than traditional tenants. In Austria, they're particularly common among students and young professionals in cities like Vienna and Graz, where the Mietrechtsgesetz (Austrian Tenancy Act) provides specific protections for both parties while keeping arrangements more flexible than full residential leases.
When should you use a Lodger Agreement?
Use a Lodger Agreement when renting out a room in your home while continuing to live there yourself. This arrangement works perfectly for homeowners in Austrian cities who want extra income without giving up control of their property or dealing with full tenant rights under the Mietrechtsgesetz.
The agreement becomes essential when sharing living spaces with international students, young professionals, or temporary residents. It provides clear boundaries for common areas, sets expectations about utilities and maintenance, and establishes payment terms. Austrian property owners often use these agreements for short-term arrangements lasting 3-12 months, especially in university cities like Vienna, Graz, and Innsbruck.
What are the different types of Lodger Agreement?
- Basic Monthly Lodger Agreement: Common for student rentals, covering rent payments, shared utility costs, and basic house rules
- Fixed-term Lodger Agreement: Used for predetermined periods like academic semesters or work contracts, with specific start and end dates
- Professional Lodger Agreement: Includes additional provisions for working professionals, such as home office guidelines and quiet hours
- All-inclusive Lodger Agreement: Bundles rent with utilities, internet, cleaning services, and sometimes meals
- Flexible-term Agreement: Allows for monthly extensions after an initial period, popular in Vienna's dynamic housing market
Who should typically use a Lodger Agreement?
- Property Owners: Austrian homeowners who live in their property and want to rent out spare rooms while maintaining control over shared spaces
- Lodgers: Often students, young professionals, or temporary residents seeking flexible accommodation in Austrian cities
- Real Estate Agents: Help match homeowners with potential lodgers and sometimes assist in drafting basic agreements
- Legal Advisors: Review and customize agreements to ensure compliance with Austrian housing laws and protect both parties' interests
- University Housing Officers: Often refer international students to lodging opportunities and explain Austrian accommodation rules
How do you write a Lodger Agreement?
- Property Details: Document room size, shared facilities, and any included furnishings or appliances
- Financial Terms: Set monthly rent, deposit amount, utility costs, and payment deadlines according to Austrian market rates
- House Rules: List specific guidelines about guests, quiet hours, cleaning responsibilities, and use of common areas
- Personal Information: Gather identification details, employment status, and contact information from both parties
- Duration Terms: Specify start date, length of stay, and notice period requirements under Austrian tenancy laws
- Documentation: Prepare photo evidence of room condition and inventory list of provided items
What should be included in a Lodger Agreement?
- Party Details: Full legal names, addresses, and contact information of both homeowner and lodger
- Property Description: Exact room location, shared facilities, and access rights within the property
- Financial Terms: Monthly rent amount, deposit details, utility contributions, and payment methods
- Duration Clause: Agreement start date, term length, and notice period requirements
- House Rules: Clear guidelines on shared space usage, guests, quiet hours, and maintenance duties
- Termination Rights: Valid grounds for ending the agreement under Austrian tenancy law
- Signatures: Dated signatures of both parties, with witness attestation if required
What's the difference between a Lodger Agreement and a Cohabitation Agreement?
A Lodger Agreement differs significantly from a Cohabitation Agreement in several key aspects, though both deal with shared living arrangements under Austrian law. While lodger agreements focus on temporary room rental with shared facilities, cohabitation agreements govern long-term living arrangements between partners or family members.
- Legal Status: Lodger agreements create a landlord-tenant relationship with limited rights, while cohabitation agreements establish mutual rights and responsibilities between equal parties sharing a home
- Duration: Lodger agreements typically run for shorter terms with more flexible termination options, whereas cohabitation agreements often address long-term living arrangements
- Property Rights: Lodgers have restricted use rights to specific areas, while cohabitation partners usually share equal access and usage rights throughout the property
- Financial Structure: Lodger agreements focus on rent and utilities, while cohabitation agreements often cover broader financial arrangements including property ownership and shared expenses
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