Payment Plan to Avoid Eviction: Who Pays? Tenants in Austria
Tenants in Austria sometimes face the question of whether a payment plan can help prevent an eviction. This article explains clearly who typically covers additional costs, what rights and obligations both parties have and which steps are necessary to make an installment or repayment plan legally sound. You will receive practical tips on documenting payments, communicating with the landlord and on deadlines you must observe. I also describe when a court or the district court may be involved and how to find help at free advisory services.
What is a payment plan?
A payment plan is a written agreement between tenants and the landlord that allows arrears to be paid in installments. It specifies the amount and dates of installments as well as consequences in case of default. The Tenancy Act (MRG) and court rules can have an impact.[1] In procedures before the district court there are deadlines you must observe.[2]
Who pays which costs?
- Rent arrears (rent) are generally paid by the tenant unless there are different agreements.
- Reminder fees or collection costs (fee) may be added; clarify whether the landlord asserts such costs.
- Court and enforcement costs (court) can arise if an eviction is enforced judicially.
- Repairs (repair) usually concern ongoing maintenance obligations and are considered separately.
How do you negotiate a payment plan?
Good preparation increases the chances of reaching an agreement. The following steps are helpful:
- Document the timing and amount of outstanding payments and keep receipts for earlier transfers (evidence).
- Request a proposal in writing and record a written agreement (form).
- Agree on clear deadlines and installment amounts (time) that are realistic to meet.
- Seek advice from free advisory centres in time if negotiations are difficult (call).
FAQ
- Can a payment plan stop an eviction?
- Yes, if the landlord agrees and the installments are paid on time, a payment plan can often prevent an eviction. However, a court may make different decisions.
- Does a payment plan have to be in writing?
- It is strongly recommended to have it in writing because conditions and deadlines are then provable and later disputes are easier to resolve.
- What happens in case of repeated default?
- If payments are missed again, the landlord can sue for eviction again; costs and court dates may follow, so caution and advice are important.
How-To
- Contact: write or call to signal interest in a payment plan.
- Collect evidence: compile bank statements, reminders and payment receipts.
- Draft a proposal: offer a concrete installment plan in writing.
- If necessary: consider judicial clarification through the district court and observe deadlines.
Help and Support
- Laws on tenancy (MRG) – RIS
- Local legal advice and information – Justiz.gv.at
- Court forms and termination – JustizOnline
