Payment Plan to Avoid Eviction for Tenants in Austria

Many tenants in Austria face the risk of eviction because of rent arrears. A payment plan can help clarify the situation and avoid a court-ordered eviction if landlords agree or the court accepts a settlement. This guide explains when a payment plan makes sense, which deadlines and documents matter, how to negotiate proposals, and the role of district courts and the Tenancy Act (MRG)^[1]. The language stays simple so you as a tenant can understand your options and take concrete next steps, such as a written proposal, collecting proof of payments, or seeking tenant representation. If possible, document all payments, emails and notes from conversations, and seek legal advice before deadlines expire.

When can a payment plan help?

A payment plan is a reasonable option when both parties are interested in a solution and the amount of arrears and the tenant's ability to pay remain realistic.

• Arrears are manageable and installment payments are realistic.
• You have receipts for partial payments or a clear payment history.
• The landlord indicates willingness to negotiate.
• A court date is pending and a settlement is possible.
• Deadlines are known and can be reflected in a payment plan.

How to prepare a payment plan

A clearly worded, realistic proposal increases the chance that a landlord or court will agree. Proceed step by step:

1. Collect bank statements, receipts and proof of prior payments.
2. Create a realistic installment schedule with concrete amounts and dates.
3. Put the proposal in writing and specify deadlines and consequences for non-compliance.
4. Contact the landlord or administration to discuss the proposal.
5. If legal proceedings are looming, inform the court or your legal counsel and consider a settlement.

Deadlines to consider

Deadlines are crucial: respond to reminders and claims promptly. Court service often comes with short deadlines; missing them can lead to loss of rights.

FAQ

Can a landlord enforce an eviction despite a payment plan?

Yes, if the tenant repeatedly breaches the agreed plan or the landlord does not accept the plan; a court can confirm an eviction if no agreement is reached.

Does a payment plan have to be in writing?

A written payment plan is recommended because it serves as evidence; verbal agreements are harder to prove.

What happens if I do not comply with an agreed plan?

The landlord can issue further reminders and may continue eviction proceedings; additional costs may occur.

How-To

1. Gather all relevant proofs and prepare a payment overview.
2. Write a clear proposal with installments, due dates and contact details.
3. Submit the offer to the landlord and request written confirmation.
4. If necessary, present the proposal to the court office or your legal counsel; forms are available via JustizOnline^[2].

Key Takeaways

• A realistic, written payment plan can often prevent eviction.
• Documentation of all payments and communications is essential.
• Always respond within stated deadlines to preserve rights.

Help and Support

• [1] RIS — Tenancy Act (MRG)
• [2] JustizOnline — Forms and e-Services
• [3] Justiz.gv.at — Court procedure information

1. [1] RIS — Mietrechtsgesetz (MRG)
2. [2] JustizOnline — Formulare und e-Services
3. [3] Justiz.gv.at — Informationen zu Gerichtsverfahren