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Ownership Amendment 2009 - Wrn 2009

Original Language Title: Wohnrechtsnovelle 2009 - WRN 2009

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25. Federal Law, with which the Law on the Law of Leases, the Guideline Act, the Housing Property Act 2002, the Housing Non-Profit Act and the Heating Cost Accounting Act are amended (Residential Law Novelle 2009-WRN 2009)

The National Council has decided:

Article 1

Amendment of the rental law

The law on rental law, BGBl. No 520/1981, as last amended by the 2006 Residential Law, Federal Law Gazette (BGBl). I n ° 124, shall be amended as follows:

1. In § 1 para. 4, in the introduction of the turn after the turn "§ § 14," the twist "16b," inserted.

2. In accordance with § 16a, the following § 16b and heading is inserted:

" Deposit

§ 16b. (1) The transfer of a security deposit to the landlord may be agreed upon for the claims against the lessee arising from the tenancy agreement in the future. If the deposit is not already handed over to the landlord already in the form of a savings book, but as an amount of money, the landlord has to make a fruitful contribution to the landlord on a savings book and to inform the renter in writing, upon request. Other types of deposit assessment are permissible if they offer the same amount of interest and-in particular by the applicability of the legal deposit guarantee-an equally high level of security as a savings deposit and if they have a clear Delimitation of the property of the landlord and in the event of the insolvency of the landlord allow a special separation.

(2) After the end of the tenancy agreement, the landlord has to return the deposit to the tenant without delay, together with the interest earned on the basis of their assessment, insofar as they are not for the purpose of redeeming the lessor's justified claims from the tenancy shall be used.

(3) If insolvency proceedings are opened on the property of the landlord, the deposit shall not be used for claims which are not related to the rental relationship. At the end of the tenancy agreement, the lessee may, on account of the request for repayment pursuant to paragraph 2-insofar as he does not already have any further rights in any case-require separate satisfaction from the bail-saving book (§ 48 KO).

(4) The amount of the request for repayment pursuant to paragraph 2 shall also be decided in the proceedings pursuant to § § 37 to 41 if it is one of the rental items referred to in § 1 paragraph 4. "

3. § 20 (1) (2) is amended as follows:

(a) Lit. f is:

" f)

the amounts paid by the landlord for the production of an energy certificate in accordance with § 2 Z 3 EAVG for the entire building; ";

(b) the previous lit. f gets the letter label "g)" ;

c) in the new lit. g will be the staple citation " (lit. a to e) " by the citing quote " (lit. a to f) " replaced.

(4) The following paragraph 5 is added to § 20:

' (5) If the landlord charges the costs of drawing up an energy card under the expenditure referred to in paragraph 1 (2), he shall grant each principal tenant, at his request, access to the energy certificate and, against replacement of the copy costs, grant him a copy of the energy certificate. to make it available. "

5. In § 29, paragraph 2 and paragraph 3 (3) shall be made. b each the word "in writing" through the turn "judicial or written" replaced.

6. § 37 (1) is amended as follows:

a) After Z 8a the following Z 8b is inserted:

" 8b.

the amount of the repayable deposit amount (§ 16b para. 2); ";

(b) in Z 11, the turn is made after the citing quote "Presentation and copy of the energy certificate (Section 20 (5))" inserted.

7. In accordance with § 49e, the following § 49f with headline is inserted:

" Transitional system for the 2009 residential property novella

§ 49f. (1) § 16b as well as the amendments to § § 1, 29 and 37 by the Residential Law novella 2009, BGBl. I n ° 25/2009, enter into force on 1 April 2009; the amendment to § 20 by this amendment shall enter into force with 1. Jänner 2009 in force.

(2) From 1 April 2009, the novella 2009 is also applicable to leases which have been concluded before 1 April 2009. If, in the event of a rental agreement concluded before 1 April 2009, the landlord has not assessed the deposit received by him in the manner provided for in Article 16b (1), he shall be required to do so by 30 September 2009.

(3) § 16b (4) and § 37 (1) in the version of the Residential Law Novel 2009, BGBl. I No 25/2009, if the case has been pending after 31 March 2009. All proceedings which have previously been brought forward shall continue in the contested proceedings. "

Article 2

Amendment of the Directive on Directive

The guideline law, BGBl. No. 800/1993 Art. IX, as last amended by the Lease of Inflation Law, BGBl. I n ° 50/2008, shall be amended as follows:

1. In § 5 (1) the annual number shall be: "2009" by the year "2010" replaced.

2. In paragraph 2, the first sentence is:

" Commencing with 1 April 2010, the indicative values referred to in paragraph 1 shall be reduced or increased every second year to the extent that the average annual average value of the annual average of the annual average of the annual average of the Consumer price index 2000 of the previous year as compared to the index value 114.6 (average value of the year 2007). "

3. In II. Section shall be inserted in accordance with paragraph 1 of the following paragraph 1a:

" (1a) § 5 (1) and (2) in the version of the residential rights novella 2009, BGBl. I n ° 25/2009, will enter into force on 31 March 2009. "

Article 3

Amendment of the Housing Property Act 2002

The Housing Property Act 2002, BGBl. I n ° 70, as last amended by the 2006 Residential Law, BGBl. I n ° 124, shall be amended as follows:

1. In § 20, the following paragraph 3a is inserted after paragraph 3:

" (3a) As far as nothing else is agreed or decided, the liquidator shall ensure that a maximum of ten years old energy certificate is available for the entire building in accordance with § 2 Z 3 EAVG, and to each apartment owner on request and to make a copy of the copy costs available for the replacement of the copy costs. "

2. In § 24 (2), after the word "Full power" the twist "or by means of a comprehensive precautionary principle according to § 284 f ABGB [German Civil Code]" inserted.

3. § 28 (1) is amended as follows:

a) In Z 8 the word "and" ;

(b) the point at the end of Z 9 shall be replaced by the word "and" replaced;

(c) the following Z 10 is added:

" 10.

the preparation and maintenance of an energy certificate according to § 2 Z 3 EAVG for the entire building. ".

4. In accordance with § 58, the following § 58a and heading is inserted:

" Transitional provisions for the 2009 Residential Law

§ 58a. Section 24 (2) in the version of the Residential Law 2009, BGBl. I n ° 25/2009, shall enter into force on 1 April 2009; Section 20 (3a) and Section 28 (1) of this amendment shall enter into force in the version of this amendment, as amended by 1. Jänner 2009 in force. "

Article 4

Amendment of the Housing Charitable Act

The Housing Charitable Law, BGBl. No. 139/1979, as last amended by the 2006 Residential Law, BGBl. I n ° 124, shall be amended as follows:

1. In § 7 (1), last sentence, the turn "as well as the improvement with a" through the turn "as well as the authorized exhibition of energy expats and the improvement with a" replaced.

2. In Section 14d (1a), between the quote "pursuant to § 31 (1) WEG 2002" and the point at the end of the paragraph following the following text:

" as well as the amounts which the building association used as a landlord for the production of an energy certificate in accordance with § 2 Z 3 EAVG for the entire building. § 19 (1) and (2) shall apply mutatis mutuelly with regard to the right of access and copying of tenants and other persons entitled to use it "

(3) In Article IV, the following paragraph (1n) is inserted:

" (1n) § 7 (1) and § 14d (1a) in the version BGBl. I n ° 25/2009 will be 1. Jänner 2009 in force. "

Article 5

Amendment of the heating cost accounting law

The heating cost accounting law, BGBl. No 827/1992, as last amended by the Housing Retirement Accompanying Act, BGBl. I n ° 113/2003, shall be amended as follows:

In Section 25 (1), the following Z 8a is inserted after Z 8:

" 8a.

Verification of the correctness of the accounting (§ § 17 to 20, 22 (1) and (3)); "

Fischer

Faymann