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.
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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
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
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
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