The case is fictional. The steps are editorial recommendations for preparing a specific consultation; they do not certify any particular contract content nor an individual right to a specific rent or to remain.
Missing paper and missing contract are different questions
§ 883 ABGB generally allows contracts to be concluded orally as long as no statutory exception intervenes. [FORM] A missing signed sheet therefore does not automatically mean that no tenancy can have existed so far. Conversely, a single transfer does not yet prove every asserted content of an agreement.
Nora therefore initially does not try to create a backdated document herself. She records what was actually discussed and explained, which documents exist and which points are currently disputed or unclear. A point left open is described as open, instead of being replaced by a reminder desired today.
Write down the previous course of events comprehensibly
For the consultation a chronological representation helps: first concrete promise, access to the flat, agreed start of payments and later communications. The existing messages, drafts and payment records are assigned. Any actually agreed ancillary area or equipment should also be recognisable from the documents wherever possible.
The practical list serves as an overview of the facts and is not an additional contract. Nora does not claim therein that every point never explicitly addressed is automatically decided in her favour. If she only knows something from a neighbour’s statement, she separates this from an agreement with the letting side.
Classify a fixed-term agreement separately
For termination by expiry of time § 29 MRG requires, in the relevant scope of application, among other things a written agreement on the term. Non-enforceable fixed-term agreements can, according to the rules there, lead to an indefinite tenancy. [BEFRISTUNG] This is not a statement that every Austrian tenancy case is subject to the same rules.
§ 1 MRG contains full, partial and exceptional cases; § 29 can also apply in the statutory partial-application area. [RAHMEN] Object, prior agreement and the temporal legal status must therefore be assigned appropriately. A blanket assumption “In Austria it is always three years” is not used; the current version distinguishes further for residential fixed-term lettings.
In the case it is therefore explicitly asked whether an effective fixed-term agreement had already been agreed and what significance the now proposed end date would have. This question cannot be answered by the heading “Addendum” or “Confirmation” alone.
Read the new draft for changes
Nora compares the complete draft with the previously evidenced status. She pays attention not only to the end date, but also to the amount, the object of the lease, the parties involved, additional payments and new appendices. She marks actual differences and formulations that are still unclear.
A signature should not be given merely because the document is described as a formality. The legal significance of a confirmation or new agreement is explained before any commitment. Likewise, the article does not guarantee that Nora could reject any desired documentation without considering her concrete obligations.
Proceed with a precise question
A useful follow-up question is for example: “Which points are intended solely to reflect our previous agreement and which are to be newly agreed?” Added to that are the documents by which the previous situation can be checked. The question is more helpful than a blanket “Is my contract valid at all?” without context.
Until clarification, ongoing payments and obligations are not independently changed on the basis of a presumption. If there is already a demand to vacate or a short deadline, this must be mentioned immediately in the consultation.
Nora thus obtains a comprehensible starting point: previously evidenced course of events, tenancy to be legally checked and clearly designated proposals for the future. Only after that can it be decided which written document she actually wants to confirm or newly agree.