A House Eviction Notice is a crucial legal document used in Austrian residential property management when a landlord needs to terminate a tenancy and require the tenant to vacate the property. It must be drafted in accordance with the Austrian Tenancy Act (Mietrechtsgesetz) and Civil Code (ABGB), containing specific elements such as clear identification of parties, property details, legal grounds for eviction, and precise vacation dates. The document is typically used in situations involving breach of rental agreement, non-payment of rent, or other legally justified grounds for termination. It serves as the formal initiation of the eviction process and must meet strict legal requirements regarding content, format, and delivery to be enforceable under Austrian law.
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1. Sender Details: Full name and address of the landlord or property owner issuing the notice
2. Recipient Details: Full name and address of the tenant(s) being served with the eviction notice
3. Property Information: Complete address and description of the rental property subject to eviction
4. Notice of Termination: Clear statement of termination of tenancy and vacation requirement
5. Legal Grounds: Specific legal basis for eviction under Austrian law (citing relevant sections of MRG/ABGB)
6. Termination Date: Specific date by which the tenant must vacate the property, complying with statutory notice periods
7. Property Handover Requirements: Specifications for the condition in which the property must be returned
8. Legal Consequences: Statement of legal consequences if the tenant fails to comply
9. Date and Signature: Place, date, and landlord's signature
1. Outstanding Payments: Details of any rent arrears or other outstanding payments, used when eviction is due to payment defaults
2. History of Violations: Documentation of previous breaches of rental agreement, included when eviction is based on repeated violations
3. Alternative Accommodation: Information about alternative housing options, included when required by social welfare considerations
4. Mediation Offer: Proposal for dispute resolution through mediation, included when seeking to avoid court proceedings
5. Property Damage: Description of damage to property requiring repair, included when eviction is based on property misuse
1. Rental Agreement: Copy of the original rental agreement referenced in the eviction notice
2. Photographic Evidence: Photos documenting property condition or violations, if relevant to the eviction grounds
3. Payment Records: Documentation of missed payments or payment history, if relevant
4. Previous Notifications: Copies of previous warnings or communications regarding violations
5. Property Inspection Report: Current condition report of the property, if relevant to the eviction grounds
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