Sample Letter to Request Eviction Stay for Tenants Austria
As a tenant in Austria, an eviction notice can be frightening. This article explains in plain language how to use a sample letter to request an eviction stay, which information should be included in the letter and which deadlines you must observe. We describe how to collect evidence, address the application to the landlord or district court, and which formal steps are important. We also briefly explain the legal basis and refer to official bodies so you know where to find help. This guide is intended for apartment tenants and avoids legal jargon so you can act quickly and protect your rights as a tenant in Austria.
What should the sample letter include?
- Sender and recipient details, rental address and contract information (form).
- Brief description of the situation and attachments (document, photo) such as payment receipts or medical certificates.
- Clear request for a stay with a proposed timeframe (deadline) and justification.
- Indicate whether you also request installment payments, social assistance notification or other support measures (application).
- Contact information and how you can be reached (contact).
How and where to submit the application?
Submit the sample letter to the landlord first and, if necessary, send a certified copy to the district court. Keep proof of delivery (postal receipt, registered mail). If court proceedings are pending, JustizOnline may be relevant for some filings.[2]
- Send by registered mail with return receipt or use a formal delivery service (notice).
- Contact by phone beforehand to clarify deadlines and contacts (contact).
- Photograph or scan all sent documents and store them (record).
What to watch for regarding deadlines
Pay close attention to the deadlines named in the eviction notice and to statutory deadlines in civil procedure law. A late application may be ineffective; therefore document deliveries and confirmations. If in doubt, seek legal advice early or contact tenant advisory services.
Legal basis
Austrian tenancy law regulates tenants' rights and obligations; see the statutory texts for details.[1] In civil proceedings, deadlines and formal requirements of the civil procedure rules must be observed in court cases.
Frequently Asked Questions
- Can I request a stay if I am about to be evicted?
- Yes, a stay can sometimes be granted, especially with evidence of serious reasons; however, act quickly and substantiate your reasons.
- Does the landlord have to agree?
- The landlord may refuse; in court proceedings, the court decides on a stay.
- What evidence is most important?
- Payment receipts, medical certificates, administrative decisions or other documents that support your statements.
How-To
- Check deadlines in the eviction notice and note the deadlines (deadline).
- Draft the sample letter and fill in all relevant details (form).
- Collect evidence, copies and photos as supporting documents (record).
- Send the letter by registered mail and document delivery (notice).
- If necessary, request file access or prepare a statement for the court (court).
Help and Support / Resources
- RIS - Legal Information System of the Republic of Austria
- Austrian Ministry of Justice
- JustizOnline - Court filings
