Unpaid rent: from payment demand to eviction in Austria
incaseof.law covers the route from unpaid rent to court-ordered eviction in a continuous digital process. You can file through the electronic court system (ERV) without mandatory legal representation or a claim-value limit, or choose support from a partner law firm.
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Briefly explained
How does an eviction action take place in Austria?
In Austria, an action for eviction follows a fixed order: qualified payment reminder with grace period, then termination of the lease, then the action. incaseof.law It digitally prepares it in 2026 and brings it via electronic court filing (ERV), without mandatory legal representation and without the EUR 5,000 limit.
Basis: section 1118 of the Austrian General Civil Code (ABGB) and the case law of the Austrian Supreme Court. As at 2026.
The procedure
Six steps from payment reminder to eviction.
Submit the tenancy agreement and rent account. incaseof.law handles the remaining digital process through electronic court filing (ERV). For how the Process in detail works, shows the overview.
Transfer data digitally
Upload the tenancy agreement and rent account showing charges and payments. You may send an initial reminder yourself, but do not need to.
Online in minutesFormal payment demand meeting the legal requirements
Qualified reminder on a legal basis by e-mail with delivery protocol, with a specific breakdown and a grace period of eight days.
8 days grace periodReminder with grace period
Another reminder with a final payment period of four days. If the tenant pays in this period, the procedure ends, the accumulated collection fees remain recorded.
4 days grace periodOut-of-court notice of termination
If payment is still outstanding after the grace period, a separate termination notice is sent to the tenant by registered post on behalf of the landlord or property manager.
by registered letter, RSbAction being prepared
Immediately after documented dispatch, the platform prepares the rent and eviction claim, including an application to inventory assets subject to the landlord’s lien.
including an inventory of assets subject to the landlord’s lienFiling through the electronic court system (ERV)
Claims are filed electronically through ERV. Choose self-filing on behalf of the owner without mandatory legal representation, or review and conduct of the case by partner law firm Biedermann & Belihart.
Your choice: self-service or law firmDeadlines and process, as of August 2026.
Next step
Arrears still outstanding? Submit the case now.
Upload the tenancy agreement and rent account. incaseof.law manages the process through electronic filing (ERV). No contract, minimum volume or costs for creditors.
Legal certainty
The sequence of steps required for court proceedings.
The Supreme Court requires a strict sequence: first a payment demand with an additional deadline, then termination of the tenancy if that deadline passes without payment. A termination declared within the initial demand is ineffective and may have cost consequences. The process keeps these steps separate.
Formal payment demand meeting the legal requirements
A payment demand itemising the arrears and giving an additional eight days to pay. Termination is not mentioned at this stage.
Last payment window
A further period of four days. If the tenant pays, the procedure ends, the accumulated collection fees remain recorded.
Notice of termination
Only after the deadline passes without payment is a separate termination notice sent by registered post. It is kept separate from the payment demand, as required by case law.
The relevant Supreme Court decision is available in the Sources and legal bases where the out-of-court stage ends and the judicial path begins, is in comparison out of court or court.
without mandatory legal representation
Proceed to court without mandatory legal representation.
Tenancy and eviction actions are tenancy disputes within the district courts’ specific jurisdiction. At first instance, legal representation is not mandatory regardless of claim value. The usual EUR 5,000 threshold does not apply.
First instance
without mandatory legal representation
Filing, any objection and the contested hearing take place on behalf of the owner without mandatory legal representation. incaseof.law supports this route digitally.
Appeals
Appeal with a lawyer
Only in the appeal proceedings is legal representation required by law. Then the partner law firm Biedermann & Belihart takes over, on request from the beginning.
Costs
Transparent costs, generally to be borne by the tenant.
Self-service involves no lawyer’s fees. The landlord pays the court fee, which is recoverable from the tenant; collection fees are owed by the tenant as an ancillary claim. If a lawyer conducts the case, fees under the Lawyers’ Tariff Act are added, subject to a cap commitment. Details are also in the Summary of debt collection costs.
| Position | Calculation basis | Who bears the costs |
|---|---|---|
| Court fee, GGG | Flat fee by claim value: residue plus 750 euros for eviction | Fully recoverable from the tenant |
| Lawyer's fees, RATG | Tariff according to the value of the dispute, only in the case of a lawyer. Request for eviction on the basis of a reduced value of up to 2,000 euros | Recoverable from the tenant, with a cap if recovery fails |
| Object Type | Claim value against the tenant | Internal capping |
|---|---|---|
| Apartment up to 60 m2 | 1,000 EUR | Legally low |
| Apartment 60 to 90 m2 | 1,500 EUR | Legally low |
| Apartment over 90 m2 | Annual gross rent | 2,000 EUR |
| Business premises, each floor space | Annual gross rent | 2,000 EUR |
Fees and tariffs as of August 2026. Court fees follow the Court Fees Act; lawyer’s fees follow the Lawyers’ Tariff Act (RATG).
For small and medium-sized apartments, the statutory value of an eviction claim is already low, so the cap does not reduce it further. For apartments larger than 90 m² and all commercial premises, the statutory claim value is the annual gross rent. In these cases, the promised cap limits the value used under our terms to EUR 2,000.
Cost clarified
The tenant bears the costs. You can start straight away.
The tenant must reimburse court and collection fees. The cap on the eviction claim value limits your cost exposure if recovery fails. The cost overview explains the general late-payment and collection-cost structure.
Scope of services
Standard service and the option of legal representation.
Start in self-service without a lawyer and switch to legal representation at any time, including during proceedings. Debt collection services will, starts above; shows the wider demand intake for whole objects Debt collection for property managers.
Standard package
Self-service, without mandatory legal representation
The full digital path in the name of the owner.
- Qualified reminder on legal basis, eight days grace period, e-mail with delivery protocol
- Follow-up reminder by email with a four-day grace period
- Out-of-court notice of termination by registered post
- Automated rent and eviction claim, including an application to inventory assets subject to the landlord’s lien
- Direct transfer via electronic court filing (ERV), on behalf of the owner
- Examination of payment and opposition conduct up to legal force
Legal track
Optional representation by a partner law firm
From the outset or if the claim is contested.
- Examination and submission of the complaint by the partner law firm Biedermann & Belihart
- Representation at hearings and settlements under the Austrian Lawyers’ Tariff Act (RATG)
- Eviction component capped at EUR 2,000 under our internal terms, including subsequent hearings
- Seamless change at any time, even after self-service transfer, for example if the tenant denies
Housing property
Also for arrears in service charges and reserve fund contributions.
Unpaid contributions to the owners’ association
In preparationFor residential property, the platform also covers the money side: open operating costs and reserves receivable by the owner community against defaulting apartment owners, as court claim for a payment order through electronic payment-order proceedings (ERV). Self-service without mandatory legal representation is available for arrears up to EUR 5,000. Above that threshold, the partner law firm conducts the case.
Example
Three worked examples.
All amounts are illustrative examples under the Court Fees Act and the Lawyers’ Tariff Act. They show how the cap on the eviction claim value works when recovery fails. For the deadlines that apply beforehand, see the guide to Reminders in Austria.
- Total amount of the dispute, RATG
- 26,895 EUR
- Eviction claim value, capped
- 2,000 EUR
- Internal assessment basis
- 4,965 EUR
Initial situation
- Court fee, GGG TP 1
- 335.00 EUR
- Lawyer’s fees for the court claim
- 1.733,56 / 840,68
- Total costs of the court claim
- 2.068,56 / 840,68
Costs, against tenants / internal
If the tenant cannot reimburse court-claim costs, the cap on the eviction claim value applies.
- Arrears plus an eviction component of 750
- 15,750 EUR
- Claim value; internal RATG fees, capped
- 17,000 EUR
Calculation basis
- Court fee, GGG TP 1
- 974.00 EUR
- Lawyer’s fees for the court claim
- 1,180.28 EUR
- Total cost exposure if the court claim cannot be recovered
- 2,154.28 EUR
Costs
Design with capped eviction dispute value of 2,000 euros instead of the full legal value.
- Claim value for calculating legal fees
- 75.000 / 17.000
- Court fee, GGG TP 1
- 974.00 EUR
Claim value; RATG fees, uncapped / capped
- Action TP 3A incl. surcharge
- 2.294,47 / 1.180,28 / 1.114,19
- Hearing or settlement, TP 2
- 931,54 / 477,94 / 453,60
- Total risk of default gross
- 4.200,01 / 2.632,67
Cost, uncapped / capped / Saving
Around 37 percent less cost exposure than under the statutory fee structure.
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Right, money and rest, from one source
A solution that secures three things: your right, the money of the owners and your tranquility.
incaseof.law is a licensed collection agency in Austria and Germany with a model confirmed by the Supreme Court. Submit the rent and eviction claim digitally; we manage the process through electronic filing (ERV).
Licensed and confirmed by the Austrian Supreme Court
We prepare the rent and eviction suit in the order required by the Supreme Court, legally safe and under human control. The landlord does not have to go to court himself.
100 % go to the owner
We retain no share of the principal. The tenant reimburses court fees and owes collection fees as an ancillary claim.
You keep control
You give reminders and deadlines and keep an eye on the status at any time. If you want to be represented by a lawyer, you switch to the partner law firm with a click.
Start Now
Submit your first rent-arrears case in a few minutes.
Upload the tenancy agreement and rent account; incaseof.law handles the remaining digital process. Contact us beforehand if you have questions.
Registration
Your account for submitting claims.
Register in the customer portal. There you store your company data and hand over your outstanding claims.
Already registered? To the customer portal
Common questions
Frequently asked questions about the eviction suit.
From the legal obligation to the costs to partial payments and property. Your question is not there? We answer personally.
Get in touchFrom our guides
Guidance for landlords and property managers.
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A rental backlog also carries a silent watch. This is how you calculate the deadline and stop the clock in time.
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German payment orders: process and costs
If the out-of-court appeal is not enough, the way leads through the court to the enforceable title. That's how it works.
Read moreSources and legal bases
- Section 1118 ABGB: termination of a tenancy for rent arrears
- OGH 8 Whether 143/17p, order of payment reminder and resolution
- Court Fees Act (GGG), tariff post 1
- § 27 WEG 2002, statutory preferential lien
- § 36 WEG 2002, exclusion action against the owner of the apartment
- § 1333 ABGB, late-payment interest
- Regulation on the maximum rates of debt collection institutions due, BGBl. No 141/1996
- § 118 GewO 1994, debt collection institutes
- Legal Services Register, BfJ, Reg. No 2024 0000 8388
- GISA, Business Information System Austria, GISA 32140156
- WKO, Trade Association of Industrial Service Providers
Last reviewed 21.08.2026