Time limit: Does the landlord have to remind people of the end of the rental agreement?

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This time we received a question about the end of a rental agreement.

QUESTION: I am a private landlord. The rental agreement with the current tenant ends at the end of June. Since he never pays the rent on time, I’m not interested in an extension. Do I have to remind the tenant about the end? When is the right time? I don’t want to offer him the right to postpone the termination if the information is too short.

This time there was a KURIER home telephone Dagmar Koller, expert from the Chamber of Labor, Information. She has the following legal answer:

ANSWER: If a rental agreement is concluded for a specific period of time, it is one fixed-term rental agreement. One like that ends automatically upon expiry of the agreed contract period. Make sure that a fixed-term contract is only effective if it has been agreed in writing in the rental agreement.
An explicit termination of the rental agreement or a reminder from the tenant is not legally necessary. As a landlord, you are not obliged to extend the rental agreement after the contract period has expired and you can do so return request the apartment.
It is ideal if you send your tenant written and verifiable written notice (by email) a few weeks before the end of the contract Registered mail with acknowledgment of receipt) that the rental agreement ends on June 30th, that you do not want an extension and that you expect the apartment to be vacated and returned to you by June 30th at the latest.
If you do not ask the tenant to make a return and the tenant does not leave the apartment despite the expiry of the contract, you must do so within 14 days of the end of the fixed term Eviction notice due to untitled use, otherwise the rental agreement may be tacitly extended.

In the case of a permissible fixed-term rental agreement, the tenant is not entitled to a stay of eviction in accordance with Section 35 MRG against the eviction order obtained after the contract period has expired, since he knew from the beginning when the contract would end. You can voluntarily agree on a postponement of the eviction with the tenant in order to avoid a legal dispute in the best case scenario.
If you as a landlord want to be sure that the tenant will move out at the end of the fixed term, you can obtain a so-called “handover order” from the court in the last six months before the end of the fixed term. This means you can have the apartment legally evicted immediately after the end of the rental agreement.