Eviction Execution Deadlines for Tenants in Austria

As a tenant in Austria, an eviction execution due to rent arrears can cause great uncertainty. In this article we clearly explain which statutory deadlines apply, what notices to expect and what rights tenants have vis-à-vis the landlord. You will learn how to document missed payments, which response deadlines apply in court and when a forced eviction can actually be carried out. The aim is to give you concrete steps — from communicating with the landlord and objection options to preparing for a court hearing. Practical tips help to meet deadlines and avoid unnecessary disadvantages. The explanations are based on Austrian regulations and court procedures.

What is an eviction execution?

An eviction execution is the enforcement procedure by which a landlord's outstanding claims can be enforced through a court-ordered forced eviction. The exact legal basis and procedure are governed by Austrian civil procedure rules and tenancy provisions^[1].

Typical deadlines and steps

• Payment deadline after reminder (deadline): The landlord can set a period for repayment.
• Installment agreement or partial payment (payment): Often an agreement is possible if the landlord agrees.
• Service of termination and enforcement title (notice): Formal services include deadlines for objection or payment.
• Eviction date and execution (eviction): After a enforceable title a date for eviction can be set.
• Evidence preservation (evidence): Collect payment receipts, correspondence and photos as proof.

Rights and duties of tenant and landlord

• Formal requirements for termination (notice): Terminations must be correctly served, otherwise the deadline may not run.
• Maintenance and repair obligations (repair): The landlord is obliged to keep the rental unit habitable, but this usually does not affect enforcement deadlines.
• Entry and inspection (entry): Inspections must be announced and must not be used as a pretext for unjustified measures.

FAQ

What deadline do I have after a reminder?

The deadline after a reminder is not uniformly regulated and depends on the specific letter; a grace period of a few days to weeks is often set. Check the reminder carefully and document deadlines.

Can I file an objection against an eviction execution?

Yes, in many cases there are remedies such as objection or paying the demanded amount into court; check the steps and deadlines named in the service document.

When is an eviction date actually carried out?

An eviction date generally takes place only after an enforceable title and after expiry of the set deadlines; exact procedures are governed by the enforcement code and court practice^[2].

How-To

1. Check the deadlines stated in the letter immediately and note them down (deadline).
2. Collect payment receipts, emails and correspondence as evidence (evidence).
3. Check whether installment payment or settlement is possible and offer a solution to the landlord (payment).
4. Contact legal advice or tenant counseling early and clarify options (call).
5. Submit necessary declarations or objections in time (form).
6. Prepare for a possible court hearing and bring all documents (court).

Key takeaways

• React quickly and document thoroughly to protect your rights.
• Consider settlement options before a forced eviction occurs.

Help and Support

• RIS: Legal texts and law collection
• Justiz.gv.at: Information on courts and procedures
• JustizOnline: Electronic forms

1. [1] RIS: Mietrechtsgesetz (MRG) und relevante Bestimmungen
2. [2] Justiz.gv.at: Ablauf von Zwangsräumungen und Zustellungen