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Past Due Rent Notice

Past Due Rent Notice Template for Austria

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Key Requirements PROMPT example:

Past Due Rent Notice

"I need a Past Due Rent Notice for my residential tenant who has missed their January 2025 rent payment of €1,200; the notice should comply with Austrian law and include a 14-day payment deadline."

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Document background
The Past Due Rent Notice is a critical document in Austrian landlord-tenant relations, used when rent payments are in arrears. It serves as a formal demand for payment and is typically issued after rent remains unpaid beyond the due date specified in the lease agreement. Under Austrian law, particularly the Mietrechtsgesetz (MRG) and ABGB, this notice must contain specific information and follow certain formal requirements to be legally effective. The document is essential for establishing a clear record of payment demands and is often a prerequisite for any further legal action, such as lease termination or eviction proceedings. It's commonly used in both residential and commercial tenancy situations and must include precise details about the outstanding amounts, payment terms, and consequences of non-payment.
Suggested Sections

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

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

3. Date: Current date of the notice

4. Subject Line: Clear identification as a Past Due Rent Notice (Mahnung wegen Mietzinsrückstand)

5. Rental Property Information: Complete address and identification of the rental property

6. Outstanding Amount Details: Detailed breakdown of outstanding rent amounts, including specific months and any additional charges

7. Payment Deadline: Clear statement of the deadline for payment (typically 14 days under Austrian law)

8. Payment Instructions: Bank account details and payment reference information

9. Legal Consequences: Statement of potential legal actions if payment is not received by the deadline

10. Signature Block: Landlord's or authorized representative's signature and details

Optional Sections

1. Previous Notifications: Reference to any previous reminders or notices sent regarding the outstanding rent

2. Interest Charges: Include if applying late payment interest charges as permitted under the rental agreement

3. Payment Plan Option: Optional section offering the possibility of a payment plan arrangement

4. Legal Basis Citation: Reference to specific sections of the MRG and ABGB, particularly relevant for commercial tenancies

5. Certified Mail Notice: Include if the notice is being sent by certified mail (Einschreiben) for documentation purposes

Suggested Schedules

1. Payment History Statement: Detailed statement showing rent payment history and current outstanding amounts

2. Copy of Lease Agreement Excerpts: Relevant sections of the lease agreement regarding rent payment terms

3. Previous Correspondence: Copies of any previous reminders or communications regarding the rent arrears

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

Commercial Property

Residential Property

Legal Services

Property Investment

Retail (for commercial tenancies)

Hospitality

Office Space Management

Student Housing

Relevant Teams

Legal

Property Management

Asset Management

Tenant Relations

Collections

Administration

Real Estate Operations

Compliance

Document Management

Finance

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Lease Administrator

Building Manager

Asset Manager

Property Administrator

Collections Specialist

Tenant Relations Manager

Real Estate Attorney

Housing Officer

Facility Manager

Industries
Austrian Civil Code (ABGB): Sections 1090-1121 govern rental agreements (Bestandvertrag), including basic obligations of tenants and landlords, particularly Section 1118 regarding termination due to non-payment
Tenancy Act (Mietrechtsgesetz - MRG): Regulates specific aspects of residential and commercial tenancies, including notice periods, formal requirements for notifications, and tenant protections
Consumer Protection Act (Konsumentenschutzgesetz - KSchG): Applies when dealing with private tenants, providing additional protection measures and formal requirements for notices
Austrian Civil Procedure Code (Zivilprozessordnung - ZPO): Sections regarding proper service of notices and formal requirements for legal documents that may lead to court proceedings
Austrian Enforcement Act (Exekutionsordnung - EO): Relevant for potential enforcement procedures if rent remains unpaid, including requirements for enforcement titles
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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