Landlord's reminder of rent arrears (Austria)
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This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
The landlord's formal reminder to a tenant in Austria who is behind with the rent: the amounts owed for each month, the total, a deadline and the account. Under the Austrian Tenancy Act (MRG) a court notice to quit for arrears (§ 30 Abs 2 Z 1 MRG), like ending the lease under § 1118 of the Austrian Civil Code (ABGB), requires a reminder after the rent fell due that states the arrears specifically. You choose which step follows if the tenant does not pay. The court notice itself is not a letter but is filed at the district court — this is the reminder that must come first. In German.
What you fill in
The details the document asks for.
- Landlord (name with any academic degree, or the company name)
- Landlord's address
- Tenant (name with any academic degree)
- Tenant's address (street, house number, staircase and door; postcode and town on the next line)
- City
- Date
- Address of the flat (with staircase and door number)
- Date of the contract
- Months in arrears and the amount owed for each
- Amount of arrears
- Payment deadline
- IBAN
- What follows if the arrears are not paid: court notice to quit (§ 30 Abs 2 Z 1 MRG), cancellation and eviction (§ 1118 ABGB), or a claim for payment only
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Why does a landlord in Austria need a reminder before giving notice for rent arrears?
- Because the ground in § 30 Abs 2 Z 1 MRG exists only if the tenant, despite a reminder sent after the rent fell due, is in arrears beyond the usual or agreed time for payment, and by at least eight days. The reminder must state the arrears so precisely that the tenant knows what to pay; a reference to “arrears you know about” is not enough. Ending the lease under § 1118 ABGB also requires a reminder. So the letter lists every unpaid month with its amount, the total and a deadline.
- Can a landlord in Austria give notice by letter after the reminder?
- Not where the Tenancy Act (MRG) applies in full or in part: there the landlord gives notice only through the district court for the place where the flat is (§ 33 Abs 1 MRG). The justice system provides the form “Gerichtliche Aufkündigung (Miete, Pacht)” (ZPForm 102) free of charge on justizonline.gv.at. The grounds must be stated briefly in it and cannot be added later; the tenant has four weeks to object. Only where the lease is wholly exempt from the MRG is a notice by letter enough.
- What happens in Austria if the tenant still pays the arrears?
- If the tenant pays the arrears before the close of the first-instance hearing and is not grossly at fault for the delay, a notice to quit for rent arrears fails (§ 33 Abs 2 MRG). The reminder is therefore the first step, not yet the end of the tenancy. Part payments are credited against the arrears; the remainder stays owed and can still be claimed.
- How does a landlord in Austria deliver the reminder so that receipt can be proved?
- What matters is that you can prove in court that the reminder arrived and when; proof that an ordinary letter was posted does not show this (OGH 2 Ob 108/07g). Send it by registered post, best with the “eigenhändig” option, and keep the slip, or hand it over against a dated signature on a copy. Send the reminder only once the rent has fallen due: a reminder sent before then does not count.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
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