Rent and eviction claims
Digitally prepared: the pure rent claim in self-administration, the eviction claim led by a lawyer.
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In brief
Who may file a rent or eviction claim?
A rent claim (Mietzinsklage) and an eviction claim (Räumungsklage) are tenancy disputes (Bestandstreitigkeiten) within the exclusive jurisdiction of the district courts. For the whole of the first instance there is no mandatory legal representation, whatever the amount in dispute. The landlord files the claim through incaseof.law as a participant in electronic legal communication (ERV) in their own right. If they are represented, the relative requirement of legal representation applies from 5,000 euros.
Basis: the Austrian Code of Civil Procedure, provisions 27 and 29, together with the case law of the Supreme Court. As of 2026.
Two routes
The money only, or the property as well.
Which route fits is decided by a single question: do you want only the outstanding rent back, or the property as well? Both routes run through the same platform. They differ in the procedure and in who files the claim.
Route 1
Pure rent claim (reine Mietzinsklage)
Payment only, entirely in self-administration.
It runs in the court order for payment procedure (Mahnverfahren): the court issues a payment order (Zahlungsbefehl) without a hearing. If the tenant lodges no objection, you hold an enforcement title without ever having been in court.
- Court order for payment procedure with a payment order, without a hearing
- Without an objection, straight to the enforcement title, without ever having been in court
- Works entirely in self-administration through the platform
- No mandatory legal representation and no threshold on the amount in dispute: you file yourself as a participant in electronic legal communication (ERV) in your own right
- Applies equally to pure rent actions for payment without an eviction request
Route 2
Combined rent and eviction claim (Räumungsklage)
Money and property, a lawyer conducting it as the standard route.
Here there is no order for payment procedure and no payment order. The court schedules a hearing in every case, and the landlord's side has to attend. That is why having our partner law firm conduct the matter is the standard route in this constellation: they attend the hearing for you.
- No order for payment procedure, a hearing in every case
- Filing it yourself remains legally possible, but requires the owner to attend the hearing in person
- Representation by the property manager is excluded from a total amount in dispute of 5,000 euros and, below that threshold, is not part of our offer
Both apply to rented properties within the full and partial scope of the Austrian Tenancy Act (Mietrechtsgesetz, MRG). That covers by far the greater part of what a property manager looks after. Properties entirely exempt from the Tenancy Act follow a different process and remain reserved for our partner law firm.
The process
From the first reminder to the eviction, in eight steps.
You hand over the tenancy agreement and the rent account, incaseof.law runs the rest digitally, right through to filing via electronic legal communication. How the process works in detail is set out in the overview.
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Hand over the data digitally
You supply the tenancy agreement and the rent account, with the charges debited and the payments received posted according to any allocation (Widmung) made. The allocation matters: a payment booked to the wrong item can unsettle the entire proof of arrears. A reminder of your own beforehand is not necessary, but of course possible.
Online in minutes -
Collection Letter 1
First reminder
incaseof.law sends the first reminder by email with a delivery log, with the arrears broken down item by item and a payment deadline of 4 days. If the tenant pays within that deadline, the case is closed.
4-day payment deadline -
Collection Letter 2
Qualified reminder
If payment fails to arrive once the first deadline has passed, we send the qualified reminder on the statutory basis by registered mail (Einschreiben, RSb) with an extended deadline of 8 days. That sets the extended deadline the law requires. This letter deliberately does not go out by email: if the tenant later disputes having received the reminder, you have to be able to prove delivery, and the postal receipt is the most robust means of doing so. If payment arrives within this deadline the process ends; the collection fees accrued remain on record.
8-day extended deadline, by registered mail -
Wait for the rent due date, automatic lock
Terminating the tenancy requires the arrears to persist beyond the next rent due date. Within the scope of the Tenancy Act the rent falls due on the 5th of the month in advance; an earlier due date agreed by contract would be ineffective in the tenant's favour. We therefore calculate from the 5th unless your tenancy agreement provides for a later date. If the extended deadline expires before that, the system holds the case until the next charging date has passed. This lock protects you from terminating too early and putting the entire process at risk.
Locked until the next charging date -
Out-of-court declaration of termination
Once the rent due date has passed and the arrears are still outstanding, we send your prepared declaration of termination (Aufhebungserklärung) to the tenant as a separate letter by registered mail (RSb), in the name of the landlord or the property manager.
by registered mail, RSb -
Voluntary period to vacate
In law we could sue immediately. We nevertheless recommend granting the tenant a voluntary period of 14 days to vacate together with the declaration of termination; that is regarded as reasonable. If they vacate within that time you save yourself proceedings and costs, and you have the property back faster than any judgment could manage. Anyone in a hurry can switch the period off in an individual case; the claim then goes out directly after the termination.
14 days, can be switched off case by case -
The claim is prepared
Once the period to vacate has expired without result, we draw up the rent and eviction claim on the basis of the data you supplied, including the application for a landlord's lien inventory (pfandweise Beschreibung). There is no waiting for delivery documentation.
incl. landlord's lien inventory -
Filing via ERV, the choice is yours
As standard the landlord files the claim through their own access to electronic legal communication; the platform prepares the pleading and triggers the transmission. The property manager steers the process but does not appear as a representative in the proceedings. Alternatively, on request, the incaseof.law partner law firm Biedermann & Belihart Rechtsanwälte OG takes over: they review, file the claim via ERV and conduct the proceedings. The cap on the amount in dispute applies only in this variant.
Your choice: yourself or the partner law firm
Deadlines and process, as of August 2026.
Next step
Arrears outstanding? Hand over the case now.
You upload the tenancy agreement and the rent account, incaseof.law runs the route through to filing via electronic legal communication. No contract, no minimum volume, no costs for creditors.
Legally sound
The sequence that holds up in court.
The Supreme Court requires a strict sequence: first the reminder with an extended deadline, then, once it has expired without result, the termination. A termination declared within the reminder letter itself is ineffective and can have severe cost consequences for you. Our process keeps the elements cleanly apart.
Step 1
Collection Letter 1
The first request for payment, by email with a delivery log and a payment deadline of 4 days. It contains no termination.
Step 2
Collection Letter 2
The qualified reminder sets the extended deadline of 8 days required by law, by registered mail. This letter, too, declares no termination yet.
Step 3
Declaration of termination
It goes out only after the extended deadline has expired and after the next rent due date, as a separate letter by registered mail.
The requirement as to sequence follows from the decision of the Supreme Court in case number 8 Ob 143/17p. The reference is listed under sources and legal basis.
No mandatory lawyer, right up to court
Why that works, and who files the claim.
The rule
No mandatory legal representation
Whatever the amount in dispute.
Rent and eviction claims are tenancy disputes within the exclusive jurisdiction of the district courts. For these proceedings there is no mandatory legal representation, whatever the amount in dispute. The 5,000 euro threshold that otherwise applies does not come into play. This holds for the whole of the first instance: from filing the claim through any objection to the contested hearing. Only in appeal proceedings is legal representation required by law.
The limitation
What matters is who files
No mandatory lawyer means acting for yourself.
The claimant, that is the landlord or the ownership company, acts in person. If they have themselves represented, however, the relative requirement of legal representation under the Code of Civil Procedure applies from an amount in dispute of 5,000 euros: only a lawyer can then act as representative. A property manager therefore cannot appear in the proceedings as the representative of their owners above that threshold. Below it, it would be legally conceivable, but we deliberately do not offer it: losing the hearing because nobody could put forward anything relevant wins you nothing.
How we solve it: a separate ERV access per owner
Set up togetherEvery landlord and every ownership company becomes a participant in electronic legal communication in their own right and files under their own address code. The property manager remains the administrator: they create cases, maintain data, monitor deadlines and trigger the filing technically, through a single platform access for all the owners they manage. We set up the registration for each owner together with you. The broader recovery of claims for entire properties is covered by debt collection for property managers.
Costs
Transparent, and in principle borne by the tenant.
In self-administration no legal fees arise. You bear only the court fee, which is recoverable from the tenant, and our collection fees, which the tenant owes as an ancillary claim. Where our partner law firm conducts the matter, the tariff under the Lawyers' Tariff Act (RATG) is added, with a capping commitment for claims filed by a lawyer from the outset. The overview of collection costs sets out the details.
| Item | Basis | Who bears it |
|---|---|---|
| Court fee, GGG | Flat fee based on the amount in dispute: arrears plus 750 euros for the eviction. | Full fee recoverable from the tenant |
| Legal fees, RATG, only where a lawyer conducts the matter | Tariff based on the amount in dispute. Special condition when handled through incaseof.law: the eviction request is billed on the basis of a reduced amount in dispute of no more than 2,000 euros. Only where a lawyer files from the claim onwards. | Full tariff recoverable from the tenant |
| Property type | RATG value in dispute against the tenant | Internal cap |
|---|---|---|
| Flat up to 60 m² floor area | 1,000 euros | low by law |
| Flat of 60 to 90 m² floor area | 1,500 euros | low by law |
| Flat over 90 m² floor area | Annual gross rent | 2,000 euros |
| Commercial premises, whatever the floor area | Annual gross rent | 2,000 euros |
For small and medium-sized flats the eviction value in dispute under the Lawyers' Tariff Act is low by law in any case, so the internal cap has no additional effect there. For flats over 90 m² and for all commercial premises the statutory eviction value in dispute is the annual gross rent, and there the cap takes effect as a commitment on conditions in its own right.
Fees and tariffs, as of August 2026. Court fees as they stand from 1 August 2026, legal tariffs under the Lawyers' Tariff Act.
Costs settled
The tenant bears the costs. You start right away.
The court fee and the collection fees are recoverable from the tenant, and the cap on the eviction value in dispute limits your risk if the claim fails. The cost overview shows how late-payment and collection costs are made up in general.
Illustrative example
Three cases, worked through.
The examples are drawn from real and typified cases. They show the costs where a lawyer conducts the matter, because that is where the capping commitment is economically relevant. In self-administration the legal fees fall away entirely and only the court fee arises. The cap shown always presupposes that a lawyer files the claim from the outset.
- Total amount in dispute, RATG
- 26,895 euros
- Eviction value in dispute, capped
- 2,000 euros
- Internal assessment basis
- 4,965 euros
Starting position
- Court fee, GGG TP 1
- 436.00 / 436.00
- Legal fees for the claim, gross
- 1,733.56 / 505.68
- Total litigation costs
- 2,169.56 / 941.68
Costs, full against the tenant / internal in the failure scenario
On the internal assessment basis of 4,965 euros the flat-rate supplement of 60 per cent under the Lawyers' Tariff Act applies.
- Arrears plus flat eviction element of 750 euros, GGG
- 15,750 euros
- Arrears plus capped eviction element of 2,000 euros, RATG internal
- 17,000 euros
Assessment
- Court fee, GGG TP 1
- 1,030.00 euros
- Legal fees for the claim, TP 3A gross
- 1,180.28 euros
- Total claim risk in the failure scenario
- 2,210.28 euros
Costs
The legal fees include the flat-rate supplement of 50 per cent, the surcharge of 25 per cent for the joined application for a landlord's lien inventory, the fee for electronic legal communication and 20 per cent VAT.
Commercial premises with a monthly rent of 5,000 euros ordinarily carry an eviction value in dispute of 60,000 euros under the Lawyers' Tariff Act, the annual rent. With arrears of 15,000 euros the statutory uncapped value for legal fees would be 75,000 euros. Through incaseof.law the capped value of 17,000 euros applies internally, that is the arrears plus the capped eviction element of 2,000 euros.
| Cost item | uncapped by law | our model, capped | Saving |
|---|---|---|---|
| Amount in dispute, RATG | 75,000 euros | 17,000 euros | not applicable |
| Court fee, GGG TP 1 | 1,030.00 euros | 1,030.00 euros | 0.00 euros |
| Claim TP 3A incl. surcharge of 25 per cent | 2,294.47 euros | 1,180.28 euros | 1,114.19 euros |
| Hearing or settlement TP 2 | 931.54 euros | 477.94 euros | 453.60 euros |
| Total failure risk, gross | 4,256.01 euros | 2,688.22 euros | 1,567.79 euros |
Around 37 per cent less risk than under the statutory regime.
The court fee stays identical in both scenarios; the flat eviction element of 750 euros under the Court Fees Act is independent of the cap under the Lawyers' Tariff Act. What matters is who files: the capped column applies only where a lawyer files from the claim onwards. If the claim is filed in self-administration and the lawyer only steps in after an objection, the column headed "uncapped by law" applies.
Court fees as they stand from 1 August 2026. All amounts are typified examples, not a commitment for an individual case.
Part payments and settlements
What happens if the tenant does pay after all.
Allocation
Costs first, then the principal claim
Part payments by the tenant are allocated first to the procedural and collection costs accrued and to the court fees, and only then to the principal claim, the rent arrears. That keeps your economic position protected while the proceedings run.
Before the claim
Payment between termination and filing
If the tenant pays the arrears in full between the declaration of termination being sent and the claim being filed, the claim is not filed. The collection fees accrued remain on record. With a part payment in this window the claim goes out with the reduced rent request; the eviction values in dispute stay unchanged, because the right to evict continues to exist.
After the termination
The right to cure under the Tenancy Act
If the tenant pays only after the declaration of termination, they may settle the arrears up to the close of the hearing and avert the eviction, provided no gross fault attaches to them. We hold such cases and put them forward for legal review instead of suing automatically. That protects you from bearing the litigation costs yourself.
After the claim
Restriction and settlements
If payment only arrives after the claim has been filed, we restrict the claim to the costs decision, stating when payment was made and with what allocation. As a rule the tenant bears the costs, because they caused the litigation. In court settlements we agree the tenant's full liability for costs in your favour as standard. If, exceptionally, a settlement is concluded with lower costs or with costs set off, for instance to secure an immediate handover without enforcement of the eviction, the fee is agreed individually.
Scope of service
The standard package and the lawyer route.
You start in self-administration and can switch to a lawyer conducting the matter at any time, even mid-proceedings. Anyone who wants to submit a claim right away starts at the top.
Standard package
Self-administration
The fully digital route in the owner's name.
- First reminder (CL1) with a 4-day payment deadline, by email with a delivery log
- Qualified reminder on the statutory basis (CL2) with an 8-day extended deadline, by registered mail (RSb)
- Automatic rent-due-date lock: no termination as long as the arrears do not persist beyond the next charging date
- Check for incoming payments with three banking days of buffer before every escalation step
- Out-of-court declaration of termination by registered mail (RSb), including a voluntary 14-day period to vacate
- Automatic generation of the rent and eviction claim including the application for a landlord's lien inventory
- Filing via ERV by the landlord through their own access, prepared and triggered on the platform, without representation by the property manager
- Monitoring of the tenant's payment and objection behaviour until the decision is final
Lawyer route
The partner law firm as an option
From the outset, or once proceedings become contested.
- Review and filing of the claim under TP 3A by the partner law firm Biedermann & Belihart Rechtsanwälte OG
- Representation at hearings and settlements, billed under TP 2 or TP 3A of the Lawyers' Tariff Act
- Continuing protection of conditions: the internal cap on the eviction element at no more than 2,000 euros also applies to all subsequent hearings. The condition is that a lawyer conducts the matter from the filing of the claim onwards
- A seamless switch is possible at any time, including after filing yourself, for instance if the tenant lodges an objection. From that point the firm bills on the uncapped statutory amount in dispute
Condominium
For service charge and reserve fund arrears as well.
Outstanding contributions to the owners' association
Claim form in preparationIf you manage condominium properties alongside rented ones, we handle the owners' association's outstanding service charge and reserve fund claims against defaulting condominium owners up to the point of readiness for court, on the same pattern as the court action for payment (Mahnklage).
Court enforcement here, however, runs through our partner law firm, and there is a substantive reason for that: such a claim should always apply at the same time for the registration of the statutory preferential lien (Vorzugspfandrecht) under the Austrian Condominium Act (Wohnungseigentumsgesetz, WEG). If that is missed, the association loses its rank against the property and the management exposes itself to a liability risk.
Not covered
Where our offer ends.
There are two areas the platform deliberately does not cover. We name them here so that you know where you stand before the first case.
Limit 1
Other special proceedings
The scope of service at incaseof.law covers the rent and eviction claim and the action for payment for monetary claims. Other special proceedings under tenancy and condominium law, such as proceedings on the appropriateness of the rent, on rent increases or the action for exclusion under the Condominium Act, are not the subject of the platform and require legal representation. Our partner law firm takes on such proceedings on request, and the case file kept on the platform is handed over with them.
Limit 2
Properties outside the Tenancy Act
Equally not covered are rented properties entirely exempt from the Tenancy Act, such as single- and two-family houses, holiday flats, homes and service flats. The right to cure under the Tenancy Act does not apply there, and the process differs in material respects. Our offer is aimed at properties within the full and partial scope of the Tenancy Act; for the rest, our partner law firm is at your disposal.
Documents
What we need to handle an individual case.
- The tenancy agreement including any supplementary agreements
- The rent account or balance list with the monthly charges debited and the payments received; an export from your property management software is enough
- The property and tenant details
- The current, that is the most recent, rent charge
What our clients say
Trust you can read for yourself.
Working with Dr. Kindler goes excellently. The communication is first class and my questions were answered reliably and in detail. Highly recommended!
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Internal analysis by incaseof.law, as of 2026.
Law, money and peace of mind, from one source
One process that secures three things: your rights, the owners' money and your peace of mind.
incaseof.law is a licensed debt collection institute in Austria and Germany, with an approach confirmed by the OGH (Austrian Supreme Court). You hand over the rent and eviction claim digitally, we run the route through to filing via electronic legal communication.
Licensed and confirmed by the OGH
We prepare the rent and eviction claim in the sequence the Supreme Court requires, in a legally sound way and under human oversight. The landlord does not have to go to court in person.
100% goes to the owner
We keep no share of the principal claim. The tenant reimburses the court fee and owes the collection fees as an ancillary claim.
You keep control
You hand off reminder cycles and deadlines and keep an eye on the status at all times. Anyone who wants legal representation switches to the partner law firm with one click.
Start now
Hand over your first rent case in a few minutes.
Upload the tenancy agreement and the rent account, incaseof.law runs the rest digitally. Contact us first if you have any questions.
Registration
Your account for submitting claims.
Register in the customer portal. Add your company details and submit your outstanding claims there.
Already registered? Log in to the customer portal
Frequently asked questions
Frequently asked questions about rent and eviction claims.
From mandatory legal representation through the cap on the amount in dispute to part payments and the limits of the offer. Your question not here? We answer personally.
Contact usFrom the guide
Knowledge for landlords and property managers.
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Consequences, deadlines and options for action, and why ignoring a claim is the worst choice.
Read moreSources and legal basis
- § 1118 ABGB, termination of the tenancy agreement for rent arrears
- OGH 8 Ob 143/17p, the sequence of reminder and termination
- Austrian Court Fees Act (GGG), tariff item 1
- § 27 WEG 2002, statutory preferential lien
- § 36 WEG 2002, action for exclusion against a condominium owner
- § 1333 ABGB, default interest
- Regulation on maximum fees for debt collection institutes, BGBl. No. 141/1996
- § 118 GewO 1994, debt collection institutes
- Legal Services Register, Federal Office of Justice, reg. no. 2024 0000 8388
- GISA, Austrian Trade Licence Information System, GISA 32140156
- WKO, Association of Commercial Service Providers
- § 33 Abs 2 MRG, settling the arrears up to the close of the hearing
- § 1 MRG, full and partial scope and the full exemptions
- § 15 MRG, when the rent falls due
- § 29 ZPO in conjunction with § 27 Abs 2 ZPO, relative requirement of legal representation from 5,000 euros
- § 20 WEG 2002, the management as an organ of the owners' association
Last reviewed 26 August 2026