The need for a sustainable economy and efforts to combat climate
change are rapidly changing traditional markets, including the real
estate industry. One relatively new phenomenon is the rise of
sustainability practices in lease agreements, generally referred to
as "Green Leases". As this term is not yet defined under
Austrian law, it remains to the parties of an individual lease
agreement to negotiate if and to what extent they want to structure
their lease as a Green Lease.
General vs. detailed clauses
The structuring of a lease as a Green Lease, i.e. the extent and
depth of the respective regulations, may differ substantially
depending on the individual agreement between the landlord and the
tenant. The spectrum ranges from generic clauses emphasising that
the parties care about the environment and intend to cooperate in
good faith in this regard, to highly detailed and extensive
provisions establishing specific goals and corresponding
responsibilities. In both