OGH | 9 Ob 56/26i | 31.07.2026

A tenant repeatedly fell behind on rent and operating costs. The landlord issued reminders for the outstanding amounts and granted a reasonable additional period for payment each time. Nevertheless, part of the arrears remained unpaid after each deadline. The arrears were only paid in full after the additional period had expired. The landlord nevertheless maintained her claim for eviction.

The Austrian Supreme Court (OGH) clarified when so-called “qualified” rent arrears exist. In particular, the rent must be due and the tenant must have received a proper reminder. The reminder must grant a reasonable additional period for payment. What matters is whether any amount remains outstanding after this period. If so, “qualified” rent arrears exist. Operating costs also form part of the rent payable under the lease. Such arrears may also arise during eviction proceedings under Section 1118 second case of the Austrian General Civil Code.

A subsequent payment in full does not automatically eliminate the landlord’s claim for eviction. The tenant may rely on a statutory protection. To do so, the tenant must fully settle the arrears before the hearing is concluded. In addition, the tenant must not have acted with gross fault. This issue had not been sufficiently clarified in the specific case. The Austrian Supreme Court therefore set aside the decisions under Sections 33 paras 2 and 3 of the Austrian Tenancy Act.