Tenants: Who Pays Eviction Execution? Austria
As a tenant in Austria, an eviction execution due to rent arrears can quickly feel overwhelming. This guide explains in clear language who is responsible for unpaid rent in an eviction execution, which duties landlords have and which rights tenants can assert. You will learn which deadlines and formal steps apply, how objections and payment agreements work and when courts or district courts are involved. Practical tips for preserving evidence, handling reminders and finding financial or legal support complete the text. The goal is to give you concrete steps and reliable guidance for situations in Austria.
What is an eviction execution?
An eviction execution is an enforcement procedure by which a landlord can enforce outstanding rent claims and secure the return of the apartment. Usually an execution follows judicial or administrative decisions or an enforceable payment order.
Who is liable for rent arrears?
In principle, tenants are responsible for paying rent; at the same time, landlords have certain obligations regarding the maintenance of the apartment and proper legal procedures. For questions about obligations and legal bases, consult the relevant provisions of the tenancy law and related statutes.[1]
Typical steps when in arrears
- Receive and check a reminder (notice).
- Observe deadlines and meet payment periods (deadline).
- Review payment order or execution (court).
- File an objection or offer a payment agreement (form).
- Ask for help, e.g. tenant protection or legal advice (help).
Rights, deadlines and courts
There are statutory deadlines for objections and opportunities for payment agreements; in many cases district courts are competent, for instance when it comes to judicial clarification or enforcement.[2] If a payment order has been served, you should check whether formal requirements are met and which deadline applies for objection.
Evidence preservation and support
Keep bank statements, correspondence, photos and the tenancy agreement. Official forms and online services such as JustizOnline can help you meet deadlines and submit documents correctly.[3]
FAQ
- Do I have to move out immediately if an eviction execution is underway?
- Not necessarily; there are often deadlines and possibilities for objection or arranging a payment solution. Immediate move-out is only mandatory in concrete enforcement situations.
- Can the landlord remove my belongings?
- No, the landlord may not unilaterally remove items or forcibly evict the apartment; legal steps must be formal and often carried out by enforcement officers.
- Where can I find forms for objections or payment proposals?
- Official forms and information are available via JustizOnline as well as the justice and RIS websites.[3]
How-To
- Collect evidence: bank statements, reminders, tenancy agreement (evidence).
- Check deadlines and respond in writing (deadline).
- Contact help or advice, e.g. tenant protection associations (help).
- Propose a payment plan or negotiate a solution (rent).
- If necessary, file documents with the district court (court).
Key Takeaways
- Meeting deadlines reduces the risk of enforcement.
- Good documentation strengthens your position in negotiations and in court.
- Seek legal or social support early.
