Termination by Email: Tenant Rights in Austria
Is a termination by e-mail valid in Austria?
Whether a termination by e-mail is effective depends on the lease agreement and any statutory form requirements. The Mietrechtsgesetz (MRG) and other provisions of the ABGB may require written form for certain tenancies; in other cases an e-mail can be considered a declaration of intent if sender and receipt can be proven[1]. Crucial are proofs, delivery confirmations and whether the parties agreed to use e-mail for communication.
What deadlines and formal rules apply?
Deadlines usually start with receipt of the termination. If receipt is unclear, the earliest provable reception usually counts. Some termination periods and grounds are regulated in the MRG; others follow from contractual agreements. Documentation and timely responses are important because deadlines have legal consequences.
- Email as evidence: save headers, delivery confirmations and attachments.
- Note deadlines: document receipt date and start of any period.
- Check service: consider registered mail or court service if in doubt.
- Legal advice: contact tenant associations or lawyers if unclear.
What to do if service is disputed or missing?
If receipt of the email is disputed or deadlines are running, collect evidence and consider formal alternatives for service. In many cases it is advisable to first send a notice by registered mail or to clarify matters through the district court, which handles many tenancy disputes[2]. Use JustizOnline when you need formal declarations or court service[3].
FAQ
- Is a termination by email legally valid?
- It depends on the contract and legal requirements; without agreed electronic communication, written form is often safer.
- How can I prove receipt of an email?
- Save headers, delivery confirmations, screenshots and all attachments; note date and time.
- When should I take legal action?
- If service or deadlines are disputed, consult legal aid and consider filing a claim with the district court.
How-To
- Check the message: read and save the email, header and attachments.
- Document everything: make screenshots and keep confirmations of sending and receipt.
- Compare contract and law: check whether written form is required for your tenancy.
- Consider registered mail: if receipt is disputed, send important declarations by registered mail.
- Legal steps: contact the district court or use JustizOnline for formal service and potential claims.
