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Purchase contract
Buying an apartment building in Austria: rent roll, arrears and fixed term leases
Which rental documents buyers should review before signing so income, arrears, deposits and lease terms are reliable.
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BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, property and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In property purchase matters we look at the contract, land register, escrow and tax consequences together.
17 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
Buying an apartment building means buying more than a building. The buyer takes over an operating rental structure with income, arrears, deposits, service charges, lease terms and possible disputes.
The rent roll is therefore more than a table. It must match leases, payment records, deposits, accounts and known disputes. Only then can the price be assessed realistically.
The purchase contract should disclose rental documents, state warranties precisely and allocate responsibility for old arrears, wrong information or pending procedures.
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Without specific documents the risk cannot be assessed reliably before purchase.
All paths at a glance
Overview of all answers.
The draft should be tightened before signing.
If documents are missing or the contract is only general, the risk remains with the buyer. Request evidence and have the clauses made more precise before signing.
Without reliable documents, signing should wait.
If land register, plans, administrative documents or clear seller statements are missing, no binding payment obligation should arise yet. First organise the documents and then review the contract.
Why apartment building purchases need a separate review
Why apartment building purchases need a separate review
Even buying one rented apartment can be complex. In an apartment building these questions multiply because many leases, different contract generations and economic assumptions come together.
Section 1120 ABGB reflects the basic idea that a change of ownership does not simply remove existing leases. Depending on the property, special tenancy rules may also matter. Details must be reviewed against the contracts and documents.
For buyers the decisive question is whether the income assumed in the price is reliable. Rent roll, leases, arrears and fixed terms must therefore match before signing.
Rental documents that should be delivered
Rental documents that should be delivered
Review the rent roll, leases, amendments, deposit evidence, service charge accounts, arrears lists, indexation documents, fixed term dates and indications of disputes.
The rent roll alone is not enough. It must be checked against contracts, account records or management documents. Differences should be clarified before signing and not left to later management.
Vacancies, rent reductions, disputed service charges or undocumented side agreements can also affect value. These points belong in due diligence and in the contract.
Due diligence
What matters before signing
The overview separates income, risk and contract response.
| Point | Review | Risk |
|---|---|---|
| Rent roll Match with leases and payments | Income is overestimated | |
| Arrears Review open claims and disputes | Buyer assumes old risks | |
| Fixed terms Check duration and amendments | Planning rests on wrong term | |
| Deposits Regulate existence, transfer and accounting | Later payment duties remain open |
The concrete solution depends on the documents and individual case.
Useful warranties in the purchase contract
Useful warranties in the purchase contract
The contract should do more than mention the transfer of leases. It should address delivered documents, known arrears, deposits, procedures and accuracy of the rent roll.
For material statements, a seller warranty may be appropriate. For open arrears or unclear proceedings, a price retention or special accounting clause may be required.
The cut off date matters. It must be clear from which date rents, service charges, deposits and claims economically belong to buyer or seller.
Common mistakes when buying an apartment building
Common mistakes when buying an apartment building
One mistake is treating the rent roll as proof of income without checking it. Without leases and payment data it remains only a statement.
A second mistake is reading fixed term leases too superficially. Unclear terms, extensions or form issues can change the economic plan.
A third mistake is failing to regulate arrears and deposits. The parties may later dispute whether these items were included in the price or separately accounted for.
Practice note: Have the rent roll and leases reviewed together. In an apartment building purchase, the decisive point is not one number but a reliable document position.
FAQ
Frequently asked questions.
Is the rent roll enough for reviewing an apartment building? +
No. It must be matched with leases, payments, deposits, accounts and known disputes.
What happens to existing leases when ownership changes? +
Existing leases do not simply disappear through the purchase. The specific legal effect depends on the contract, property and applicable rules.
How should rent arrears be handled in the contract? +
The contract should disclose arrears and allocate who economically receives or bears them. Often a cut off date and accounting clause are needed.
Further reading
Related topics
Topics
Apartment buildingRent rollArrearsFixed term leaseContract
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