Forced eviction in Vienna: A tenant fights against injustice!

Forced eviction in Vienna: A tenant fights against injustice!

Benedikt Sticks experienced a dramatic forced eviction from his apartment in Vienna-Simmering, which could become a warning signal for many. According to a report today, the bailiff handed him an official note ordering the immediate eviction based on a court order. The reason for the quick execution lies in advance: In April, Sticks criticized necessary maintenance work and sent the keys to his apartment back to the landlord by post. However, he interpreted the return as a voluntary return and immediately initiated legal eviction proceedings.

A big problem for Sticks was that he was not informed about the procedure. An attempt to deliver an important RSb letter failed because the postman could not find it and his mailbox was broken into. Even though the Service Act states that service after the decision is valid if the notice was damaged or removed, this meant that Sticks had no opportunity to comment or be heard. This led to a default judgment and ultimately to the initiated eviction. To escape the situation, Sticks turned to the tenants' association, which temporarily stopped his eviction process.

The legal framework of eviction

In Austria, eviction is referred to as the forced eviction of an apartment or property. This happens after a legal eviction or termination procedure, although landlords can submit a written request if they believe that the rental agreement is invalid. Reasons for this could be rent arrears or damage to the rental property. To begin eviction proceedings, a legal title is required, which is usually a court order. In such cases, the tenants' association is committed to the rights of those affected and fights to ensure that rental agreements can be continued.

The Sticks case is not isolated. The tenants' association noted that problems with delivery and proof of delivery are not uncommon. Many tenants are at risk of being evicted if they do not act in time. When the landlord files an eviction lawsuit, the tenants often have little time to take legal action against the lawsuit and improve their situation. This often means that all residents have to leave the property, including subtenants and any roommates, further increasing the emotional and financial stress on those affected. The tenants' association emphasizes the importance of taking early measures to avoid becoming homeless.

Future for Benedikt Sticks

For Benedikt Sticks the question remains whether he will be able to turn the situation around. The tenants' association is fighting for the reinstatement of the previous status and the continuation of the old rental agreement. It could be successful if Sticks can prove that proper delivery of the letter was not possible. The process could then be reopened, which would be Sticks' last chance to get his apartment back and receive support.

The whole issue shows how quickly and unpredictably things can happen in tenancy law and that everyone in Vienna should be careful. It's so easy to get caught up in the wheels of the law - and not everyone is lucky enough to get help in time.