Email Termination: Valid for Tenants in Austria
Many tenants in Austria wonder whether a termination by e‑mail is legally effective and what they should consider as recipients. The answer depends on the type of contract, contractual agreements and statutory provisions. In open-ended residential tenancies under the MRG, formal requirements, service and proof can play a role, especially when deadlines are running or formal service is required[1]. This text explains in plain language which conditions are often decisive, which steps tenants should take, how to calculate deadlines and which evidence is useful so tenants can protect their rights. In case of doubt, studying the statutory rules and timely documentation helps; in unclear situations tenants can consider court action or seek legal advice.
When is a termination by e‑mail valid?
A termination by e‑mail can be valid if the lease does not prescribe a mandatory form and the e‑mail actually reaches the recipient. Key factors usually are: contractual clauses on form, proof of receipt, and whether the specific termination legally requires a written or certified form. Without an explicit agreement, a court may examine whether the electronic communication sufficiently proves receipt and identity[1].
Important points for tenants
- Check the lease for clauses about form and transmission.
- Document the e‑mail, including sender address, date and full message text.
- Observe termination deadlines and calculate deadlines from receipt.
- Request a confirmation of receipt when possible.
FAQ
- Is a termination by e‑mail without a signature valid?
- It depends: if the lease does not require a specific form and receipt can be proven, it may be valid; where the law requires written form, it is often not sufficient.
- How can I prove receipt of a termination by e‑mail?
- Save e‑mail headers, screenshots and automatic delivery receipts. Replies or proof that the message was delivered to an inbox can also help as evidence.
- What should I do if I receive a termination by e‑mail?
- Respond promptly in writing, acknowledge receipt, document everything and check deadlines; in case of doubt or dispute, court action or legal advice may be necessary[2].
How-To
- Check the contract immediately for formal requirements and note all relevant data.
- Save the entire e‑mail including headers and take screenshots as additional proof.
- Calculate deadlines from the time of receipt and document your calculation.
- Send a confirmation of receipt and request written clarification or conventional service if unsure.
- If disputed, present your documents to a legal service or the district court.
