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House Eviction Notice

House Eviction Notice Template for Austria

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Key Requirements PROMPT example:

House Eviction Notice

"I need a House Eviction Notice for my property in Vienna, where the tenant has failed to pay rent for three months, with the eviction date set for March 1, 2025."

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Document background
A House Eviction Notice is a crucial legal document used in Austrian residential property management when a landlord needs to terminate a tenancy and require the tenant to vacate the property. It must be drafted in accordance with the Austrian Tenancy Act (Mietrechtsgesetz) and Civil Code (ABGB), containing specific elements such as clear identification of parties, property details, legal grounds for eviction, and precise vacation dates. The document is typically used in situations involving breach of rental agreement, non-payment of rent, or other legally justified grounds for termination. It serves as the formal initiation of the eviction process and must meet strict legal requirements regarding content, format, and delivery to be enforceable under Austrian law.
Suggested Sections

1. Sender Details: Full name and address of the landlord or property owner issuing the notice

2. Recipient Details: Full name and address of the tenant(s) being served with the eviction notice

3. Property Information: Complete address and description of the rental property subject to eviction

4. Notice of Termination: Clear statement of termination of tenancy and vacation requirement

5. Legal Grounds: Specific legal basis for eviction under Austrian law (citing relevant sections of MRG/ABGB)

6. Termination Date: Specific date by which the tenant must vacate the property, complying with statutory notice periods

7. Property Handover Requirements: Specifications for the condition in which the property must be returned

8. Legal Consequences: Statement of legal consequences if the tenant fails to comply

9. Date and Signature: Place, date, and landlord's signature

Optional Sections

1. Outstanding Payments: Details of any rent arrears or other outstanding payments, used when eviction is due to payment defaults

2. History of Violations: Documentation of previous breaches of rental agreement, included when eviction is based on repeated violations

3. Alternative Accommodation: Information about alternative housing options, included when required by social welfare considerations

4. Mediation Offer: Proposal for dispute resolution through mediation, included when seeking to avoid court proceedings

5. Property Damage: Description of damage to property requiring repair, included when eviction is based on property misuse

Suggested Schedules

1. Rental Agreement: Copy of the original rental agreement referenced in the eviction notice

2. Photographic Evidence: Photos documenting property condition or violations, if relevant to the eviction grounds

3. Payment Records: Documentation of missed payments or payment history, if relevant

4. Previous Notifications: Copies of previous warnings or communications regarding violations

5. Property Inspection Report: Current condition report of the property, if relevant to the eviction grounds

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Relevant Industries

Real Estate

Property Management

Residential Housing

Legal Services

Social Housing

Property Investment

Facility Management

Real Estate Development

Relevant Teams

Legal

Property Management

Real Estate Operations

Housing Administration

Asset Management

Tenant Relations

Property Services

Compliance

Real Estate Administration

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Housing Officer

Facility Manager

Real Estate Administrator

Tenancy Relations Officer

Property Portfolio Manager

Real Estate Agent

Legal Administrator

Housing Manager

Asset Manager

Property Operations Manager

Industries
Austrian Civil Code (ABGB) §1116: Defines the basic principles for termination of rental agreements and the general requirements for giving notice
Tenancy Act (Mietrechtsgesetz - MRG) §30: Specifies the legitimate reasons for termination of a tenancy and the requirements for eviction notices
Tenancy Act (MRG) §33: Details the formal requirements for termination notices, including content and delivery methods
Tenancy Act (MRG) §34: Defines notice periods and termination dates for different types of rental agreements
Civil Procedure Code (Zivilprozessordnung - ZPO) §562: Outlines the legal procedures for enforcement of eviction notices and court proceedings
Service of Documents Act (Zustellgesetz): Regulates the proper service of legal documents, including requirements for delivering eviction notices
Consumer Protection Act (Konsumentenschutzgesetz) §6: Contains provisions protecting tenants' rights in residential tenancies and affecting the format of notices
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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