The Apartment Eviction Notice is a crucial legal document used in Austrian residential property management when a landlord needs to terminate a tenancy agreement and require the tenant to vacate the property. It must be drafted in accordance with the Austrian Tenancy Act (Mietrechtsgesetz - MRG) and the General Civil Code (ABGB), which specify strict requirements for form, content, and delivery. The document is typically used in situations involving serious lease violations, non-payment of rent, or other legally justified grounds for termination. It must include specific details about the parties, property, legal grounds for eviction, and termination date, while adhering to mandatory notice periods. This document often serves as the first formal step in potential court proceedings if the tenant does not comply voluntarily.
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1. Landlord Details: Full name and address of the landlord or property management company issuing the notice
2. Tenant Details: Full name(s) and current address of all tenants on the lease
3. Property Information: Detailed description of the rental property including exact address and any identifying numbers or references
4. Notice of Termination Declaration: Clear and unambiguous statement declaring the termination of the rental agreement
5. Legal Grounds for Eviction: Specific legal grounds for eviction under Austrian law (citing relevant sections of MRG)
6. Termination Date: Specific date when the tenant must vacate the property, considering legal notice periods
7. Handover Requirements: Specifications for the condition in which the property must be returned
8. Signature Block: Date, place, and signature line for the landlord
1. Payment Settlement: Include when there are outstanding rent payments or utility bills that need to be addressed
2. Security Deposit Details: Include when specifying conditions for security deposit return
3. Legal Representative Information: Include when the notice is being issued through a legal representative
4. Previous Warnings: Include when referencing previous warnings or notices issued to the tenant
5. Alternative Dispute Resolution: Include when offering mediation or settlement options before court proceedings
1. Proof of Delivery: Form for documenting the formal service of the eviction notice
2. Photo Documentation: If relevant, photos documenting the reason for eviction (e.g., property damage)
3. Previous Correspondence: Copies of relevant previous warnings or notices sent to the tenant
4. Property Inspection Report: Current condition report if property damage is a basis for eviction
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