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Tenant Eviction Notice

Tenant Eviction Notice Template for Austria

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Key Requirements PROMPT example:

Tenant Eviction Notice

"I need a Tenant Eviction Notice under Austrian law for my residential property in Vienna, where the tenant is three months behind on rent payments, to be effective from March 1, 2025, with all necessary clauses about payment recovery and property vacation."

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Document background
The Tenant Eviction Notice is a crucial legal document used in Austrian property management when a landlord needs to terminate a tenancy and require the tenant to vacate the property. This document must strictly comply with the Austrian Tenancy Act (Mietrechtsgesetz) and Civil Code (ABGB), including specific formal requirements, mandatory notice periods, and valid grounds for eviction. It is typically used in situations involving rent arrears, property damage, breach of lease terms, or other legally recognized grounds for eviction under Austrian law. The notice must include detailed information about all parties, the property, grounds for eviction, and the required vacation date. Proper service of the document according to the Austrian Service of Documents Act (Zustellgesetz) is essential for its legal validity.
Suggested Sections

1. Sender Details: Full name and address of the landlord or property manager 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, including any specific unit numbers or identifiers

4. Date: Current date and the effective date of the notice

5. Legal Grounds for Eviction: Clear statement of the specific legal grounds for eviction under Austrian law (Mietrechtsgesetz)

6. Notice Period: Specification of the legal notice period and the final date by which the tenant must vacate

7. Request to Vacate: Formal request for the tenant to vacate the property by the specified date

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

9. Signature: Landlord's or authorized representative's signature

Optional Sections

1. Outstanding Payments: Details of any rent arrears or other outstanding payments, if eviction is based on non-payment

2. Property Damage: Description of property damage if this forms part of the grounds for eviction

3. Previous Warnings: Reference to any previous warnings or notices issued to the tenant

4. Alternative Resolution: Optional proposal for alternative resolution or payment arrangements

5. Return of Keys: Instructions regarding the return of keys and property access devices

6. Property Inspection: Details of final property inspection arrangements

Suggested Schedules

1. Photographic Evidence: Photos documenting property damage or unauthorized modifications, if relevant

2. Payment Records: Documentation of missed payments or payment history, if relevant to the eviction grounds

3. Previous Correspondence: Copies of previous warnings or relevant correspondence with the tenant

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

5. Power of Attorney: If the notice is being served by a legal representative, documentation of authority to act

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 Development

Asset Management

Property Investment

Social Housing

Building Management

Relevant Teams

Legal

Property Management

Real Estate Operations

Asset Management

Tenant Relations

Compliance

Administrative Support

Facilities Management

Property Services

Risk Management

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Housing Officer

Property Administrator

Facility Manager

Asset Manager

Leasing Manager

Real Estate Attorney

Property Operations Director

Compliance Officer

Tenant Relations Manager

Building Manager

Real Estate Portfolio Manager

Industries
Mietrechtsgesetz (MRG): The Austrian Tenancy Act - primary legislation governing residential tenancies, including grounds for termination, notice periods, and formal requirements for eviction notices
Allgemeines Bürgerliches Gesetzbuch (ABGB) §§ 1115-1121: Austrian Civil Code sections dealing with termination of lease agreements, providing general principles of tenancy law and supplementary provisions
Zivilprozessordnung (ZPO): Civil Procedure Code - relevant for the formal requirements of the eviction notice and subsequent legal proceedings if necessary
Zustellgesetz: Service of Documents Act - specifies the requirements for proper delivery of the eviction notice to ensure legal validity
Wohnungseigentumsgesetz (WEG): Condominium Act - may be relevant if the property is part of a condominium complex, affecting certain aspects of the eviction process
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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