The start of the tenancy is approaching, but there are still tools in the flat. For the letting party the next tradesperson appointment is not the only thing that matters now. Decisive is which use has been agreed, what can be made available in time and what feedback the future tenant needs.
Read the agreed condition concretely
Our editorial recommendation: take the contract, the specification of services and any agreed amendments to hand. Which rooms and which fittings are to be provided? Separate promised works from wishes discussed for later. The term finished can mean different things to different parties and should not be the only description.
§ 1096 ABGB names handover in a usable condition and the agreed use as a starting point. [UEBERGABE] Whether a particular remaining task impairs the agreed use and what legal consequences arise depends on the individual case and the further legal framework. A tick box on a form does not confirm fitness for use.
Progress and approval are not the same
Create a concise overview of the outstanding points with task, responsible company and the actually confirmed date. A planned completion is not the same as a carried out and, where applicable, professionally inspected service. Do not give a declaration of safety for electrical, gas or other installations that you cannot assess technically.
Communicate a foreseeable delay early with its currently known extent. For example, the future tenant must be able to distinguish whether an aesthetic touch-up or a substantial question of use is unresolved. Avoid the blanket promise that everything will certainly be finished by move-in if there is not yet a reliable basis for that.
Treat a new agreement expressly
If the parties want to agree a different handover or tenancy start, the concrete arrangement should be drafted in a professionally appropriate manner. A postponed key date does not automatically answer all questions about payment, use, costs already incurred or remaining works.
§ 1096 ABGB also contains rules on exemption from interest where use is correspondingly impaired. [UEBERGABE] This article does not set a percentage or a blanket rent waiver for a particular construction-site situation. Disputed or economically important consequences belong in an individual assessment before a declaration is used as final settlement.
Example: The hallway is finished, one room remains open
In a flat prepared for letting, the planned bedroom still lacks a floor finish. The letting person reports the actual status with a photo after consultation and names the remaining professional feedback. The parties discuss which use and which date can realistically be agreed. They do not treat mere possession of a flat key as proof that all promised services have been performed.
Adapt the handover to the current status
At the appointment you document the actual condition and clearly identified remaining points. Record what a signature is intended to confirm; an inventory of facts must not unnoticed become a comprehensive waiver. A confirmed follow-up appointment is recorded separately. The result is a comprehensible common working status, without concealing legally open consequences with a premature formula of completion.