Eviction Execution for Rent Arrears in Austria
As a tenant in Austria, the threat or carrying out of an eviction execution due to rent arrears can cause great uncertainty. This guide explains clearly when an execution is possible, which deadlines and formal steps run up to a forced eviction, and what rights you have as a tenant. I describe the role of reminders, court terminations, enforcement titles and the district court as well as practical options such as payment agreements, objections or counseling services. You receive concrete actions on how to meet deadlines, collect evidence and find help in time. The goal is for you to understand the procedures in Austria, recognize your options and better plan the next steps.
What is an eviction execution?
As a legal enforcement act, eviction execution ends a tenant's right of possession when an enforcement title exists and the tenant does not leave voluntarily.
When can an eviction execution take place?
Typical triggers are:
- Rent arrears despite reminders.
- Judicial termination or title.
- Enforcement based on a judgment or payment order.
Steps leading to eviction execution
The process usually includes reminders, a lawsuit or payment title, subsequent enforcement authority and finally the execution by the bailiff or enforcement bodies.[2]
Concrete steps can include:
- Service of reminders and the complaint.
- Obtaining an enforcement title through the court.
- Notice to pay or an offer of settlement.
- Carrying out the eviction by enforcement.
Tenants' rights
Tenants have rights to information, reasonable deadlines and the opportunity to file objections or propose payment agreements.[1]
- Right to advice and support from counseling services.
- Claim to basic habitability even during disputes.
- Check legal options before the district court.
FAQ
- How much unpaid rent leads to eviction execution?
- There is no fixed amount; duration and extent of arrears, reminders and an enforcement title are decisive.
- Can I prevent an eviction by paying after the notice?
- Often yes; timely payment or an agreement with the landlord can avert enforcement.
- What deadlines apply after service of an enforcement notice?
- Quick reaction is important: check service, deadlines and, if necessary, file remedies or payment offers in time.
How-To
- Check service and the deadlines immediately.[3]
- Contact the landlord in writing and document conversations.
- Collect evidence: tenancy agreements, payment receipts and correspondence.
- Attempt a payment agreement or installment plan.
- Consider legal steps and seek court assistance if needed.
Help and Support / Resources
- [1] RIS - Tenancy Law (MRG)
- [2] Justice - Information on enforcement proceedings
- [3] JustizOnline - Forms and e‑services
