NEWSLETTER 07-2023: CLEARANCE COMPARISONS ON STOCK – OGH TAKES A POSITION
The Supreme Court has decided in a current case that if there is an unlimited tenancy it is not permissible to conclude an eviction settlement without a simultaneous intention to terminate it In the opinion of the OGH, this constitutes a circumvention of the tenant’s protection against dismissal.What this means for landlords and tenants and what is meant by the “eviction settlement in advance” is explained in our current newsletter presented in more detail.
The unilateral termination of a tenancy agreement by the landlord within the scope of the MRG has not been an easy matter. With fixed-term contracts you can usually rely on the fact that the tenancy can be ended when the tenancy agreement expires, but when ending a permanent tenancy you need a corresponding reason for termination in order to unilaterally end the tenancy as a landlord.
You can find out more about this in our current newsletter.