Austria: templates and forms

The landlord's notice ending the lease of a flat where Austria's Tenancy Act (MRG) does not apply at all (full exemption, § 1 Abs 2 MRG), for instance in a house with no more than two separate flats: out of court and without reasons, on the agreed or else the statutory period (§ 560 ZPO), or else to the next possible date, with a receipt section. Important: where the MRG applies in full or in part, a landlord can give notice only through the court, on the form “Gerichtliche Aufkündigung” (ZPForm 102), which the Austrian justice system provides free on justizonline.gv.at — this letter is not for that case. In German.

A fixed-term contract of employment (befristeter Dienstvertrag) for salaried employees or workers in Austria, in German, with every Dienstzettel item under § 2 AVRAG: the end date and the objective justification that a chain of fixed terms needs, a probation month, a choice between excluding notice during the term and allowing it, § 21 AngG and § 1158 Abs 3 ABGB for terms over five years, the suspension on pregnancy under § 10a of the Maternity Protection Act (MSchG), collective agreement, hours, pay, leave, the severance fund and the social insurer.

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.

Your application to the enforcement court in Austria when your bank account has been garnished and your wages, salary, pension or other income that is only partly garnishable is paid into it. Austria has no special protected account: on your application the district court lifts the garnishment under § 292i EO as far as the balance matches the protected part of your income until the next pay date, and if asked, in advance for what you urgently need. With the case number, bank, IBAN, income and pay dates. By post, in person or through JustizOnline — not by e-mail; you can also apply orally at the court. In German.

An open-ended contract of employment (Dienstvertrag) for salaried employees or workers in Austria, in German, carrying every item the Dienstzettel must state under the Austrian Employment Contract Law Adaptation Act (§ 2 AVRAG) as amended on 28 March 2024: seat, job and a short description of the work, collective agreement and pay group, probation month, working time and overtime, pay, leave under the Leave Act (UrlG), notice periods under § 20 AngG and § 1159 ABGB, the termination procedure, the severance fund (Abfertigung neu) and the social insurer.

A letter to the payee in Austria — gym, insurer, club, online shop or collection agency — revoking your SEPA direct debit mandate, still often called an Einziehungsauftrag in Austria. It gives the mandate reference, the creditor ID and your IBAN, forbids further debits once it is received and says how payment continues: you transfer the money yourself, the contract has ended, or you pay from another account. Revoking the mandate ends neither the contract nor a debt. A debit taken anyway is unauthorised, and your bank refunds it under the Austrian Payment Services Act (§§ 65, 67 ZaDiG 2018). In German.

A letter asking the employer in Austria for a written reference (Dienstzeugnis) under § 1163 ABGB and § 39 AngG — a final reference when the employment ends, or an interim one during it, which is issued at the employee's cost. Austrian law owes only the simple reference stating the length and kind of the work, and it may contain nothing that makes finding a new job harder; the letter also asks politely for a favourable description of duties and achievements. In German, to print and sign.

The written notice by which a tenant in Austria ends the lease of a flat under § 33 Abs 1 of the Austrian Tenancy Act (MRG): an open-ended lease on the agreed or else the statutory period (§ 560 ZPO), a fixed-term lease after its first year on three months to the end of a month (§ 29 Abs 2 MRG), or a lease outside the MRG altogether. It gives notice to the chosen date or else the next possible one, asks for a handover date and the deposit, can claim compensation for improvements (§ 10 MRG) and carries a receipt section. Signed by hand by every tenant, or with a qualified electronic signature — a plain e-mail is void. In German.

The declaration by which a managing director of an Austrian GmbH or FlexCo resigns under § 16a of the Austrian Limited Liability Companies Act (GmbHG) — at once for good cause, otherwise after 14 days or on a later date. The same letter goes to every shareholder; the other managing directors and any supervisory board chair receive a copy. With the request to file the end of the director's authority with the company register (Firmenbuch, § 17 GmbHG) and an acknowledgement of receipt, since receipt has to be proved. In German.

An application to the district authority, the city's Magistrat or the Land police directorate to pay a fine from an Austrian penalty order or penalty decision later or in instalments (§ 54b Abs 3 of the Austrian Administrative Penal Act, VStG): with the file number, the amount, your payment proposal, your financial circumstances and why the difficulty is temporary. If paying at once is unreasonable for economic reasons, the authority must grant a suitable deferral or instalments. In German, ready to print, sign and send with proof of income and outgoings.

A resignation letter for an employee in Austria (Selbstkündigung): notice ending your employment with the notice period, or during the probation month, on the date you choose or else on the next possible date, asking for confirmation, a written reference (Dienstzeugnis), the final pay and pay in lieu of untaken leave. Austrian law prescribes no form, but many collective agreements (Kollektivverträge) require writing: print, sign and hand it over against a receipt. For white- and blue-collar workers; not for apprentices. In German.