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Tenancy Termination Letter Template for Austria

This document serves as a formal notice to terminate a tenancy agreement under Austrian law, complying with the requirements set forth in the Mietrechtsgesetz (MRG) and related legislation. It contains all necessary elements for a valid termination notice, including precise identification of the parties, property details, and the intended termination date. The document ensures compliance with Austrian statutory notice periods and formal requirements for service of notice, while also addressing practical aspects such as property handover and settlement of accounts. It can be used for both residential and commercial tenancies, though specific requirements may vary based on the type of lease.

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What is a Tenancy Termination Letter?

A Tenancy Termination Letter is a crucial legal document used in the Austrian property market to formally end a lease agreement. This document must comply with the strict requirements of Austrian tenancy law, particularly the Mietrechtsgesetz (MRG), and needs to be properly served to the other party. The letter includes essential information such as party details, property information, termination date, and handover arrangements. It's used by both landlords and tenants, for residential and commercial properties, and must respect statutory notice periods which vary depending on the type of tenancy. The correct formatting and content of this document are crucial for its legal validity, and improper execution could result in the termination being challenged or deemed invalid under Austrian law.

What sections should be included in a Tenancy Termination Letter?

1. Sender Details: Full name and address of the party giving notice (landlord or tenant)

2. Recipient Details: Full name and address of the other party

3. Date: Current date of writing the termination letter

4. Subject Line: Clear indication that this is a tenancy termination notice (K眉ndigungsschreiben)

5. Property Information: Complete address and details of the rental property

6. Termination Declaration: Clear and unambiguous statement of intention to terminate the tenancy

7. Termination Date: Specific date when the tenancy will end, ensuring compliance with statutory notice periods

8. Property Handover: Information about the process and timing of returning the keys and property inspection

9. Closing: Formal closing, signature, and name of the sending party

What sections are optional to include in a Tenancy Termination Letter?

1. Reason for Termination: Required only if terminating under specific grounds provided in the MRG, or if the reason needs to be stated as per the lease agreement

2. Security Deposit Return: Include when addressing the return of the security deposit and any conditions attached

3. Outstanding Payments: Include if there are any rent arrears or utility payments to be settled

4. Forwarding Address: Include when the tenant is providing a new address for future correspondence

5. Legal Basis: Reference to specific sections of the MRG or lease agreement, particularly important in contested terminations

What schedules should be included in a Tenancy Termination Letter?

1. Copy of Lease Agreement: Attachment of the original lease agreement for reference

2. Proof of Sending: Documentation showing the letter was sent via registered mail (Einschreiben) or other legally valid delivery method

3. Power of Attorney: If the termination is being made by an authorized representative, proof of authority must be attached

4. Evidence Supporting Termination: Any relevant documentation supporting the grounds for termination, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Cost

Free to use

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