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Notice To Quit Tenancy

Notice To Quit Tenancy Template for Austria

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Key Requirements PROMPT example:

Notice To Quit Tenancy

"I need a Notice to Quit Tenancy for my residential property in Vienna due to upcoming renovation works, with the termination to take effect from March 1, 2025; the tenant has been in place for 3 years and needs to be given the statutory notice period."

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Document background
A Notice To Quit Tenancy is a crucial legal document in Austrian property law, used when a landlord wishes to formally terminate a tenancy agreement. This document must strictly comply with the requirements set forth in the Austrian Tenancy Act (Mietrechtsgesetz) and the General Civil Code (ABGB). It is typically used when the tenancy needs to be terminated due to specific legally recognized grounds, such as non-payment of rent, substantial misuse of the property, or other reasons specified in §30 of the Mietrechtsgesetz. The notice must include precise details about the property, parties involved, termination date, and may need to specify legally valid grounds for termination. Proper service of the Notice To Quit Tenancy is essential for its validity, and specific statutory notice periods must be observed based on the type of tenancy and grounds for termination.
Suggested Sections

1. Sender Details: Full name and address of the landlord/property owner

2. Recipient Details: Full name and address of the tenant(s)

3. Date: The date when the notice is issued

4. Subject Line: Clear identification as a Notice to Quit Tenancy (Kündigungserklärung)

5. Property Details: Complete address and description of the rental property, including any relevant unit numbers

6. Termination Declaration: Clear and unambiguous statement of intent to terminate the tenancy

7. Termination Date: Specific date when the tenancy will end, ensuring compliance with statutory notice periods

8. Request for Property Handover: Instructions regarding the handover of the property, including keys and fixtures

9. Signature Block: Landlord's signature, printed name, and date

Optional Sections

1. Legal Grounds for Termination: Required when termination is based on specific grounds under § 30 MRG, stating the specific legal reasons for termination

2. Payment Instructions: Details about final rent payments and security deposit return process

3. Property Inspection Arrangements: Proposed dates and procedures for final property inspection

4. Outstanding Obligations: List of any pending tenant obligations or unresolved issues

5. Reference to Lease Agreement: Specific references to relevant clauses in the original lease agreement when necessary

Suggested Schedules

1. Copy of Original Lease Agreement: Attached for reference to verify terms and conditions

2. Photographic Evidence: If termination is based on property damage or unauthorized modifications

3. Payment Records: If termination is related to rent arrears or payment issues

4. Correspondence History: Previous relevant communications between parties if pertinent to the termination

5. Property Condition Report: Current condition assessment if relevant to the termination 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Property Investment

Social Housing

Student Accommodation

Retail Property

Office Space Management

Relevant Teams

Legal

Property Management

Real Estate Operations

Asset Management

Tenant Relations

Contract Administration

Compliance

Property Services

Facilities Management

Document Administration

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Housing Officer

Facility Manager

Asset Manager

Property Administrator

Leasing Manager

Real Estate Attorney

Tenant Relations Manager

Property Operations Manager

Real Estate Investment Manager

Compliance Officer

Contract Administrator

Industries
Mietrechtsgesetz (MRG): Austrian Tenancy Act - The primary legislation governing residential tenancies in Austria, including provisions for termination of tenancy agreements, notice periods, and formal requirements for termination notices
Allgemeines Bürgerliches Gesetzbuch (ABGB): Austrian General Civil Code - Sections 1115-1121 specifically deal with termination of rental agreements and provide general contract law principles applicable to tenancy relationships
Zustellgesetz: Service of Documents Act - Governs the proper service of legal documents, including requirements for valid delivery of termination notices
Wohnungseigentumsgesetz (WEG): Condominium Act - May be relevant if the rental property is part of a condominium complex, as it can affect certain aspects of the termination process
Konsumentenschutzgesetz (KSchG): Consumer Protection Act - Applicable when the landlord is a business entity, providing additional protection for tenants in such cases
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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