The rent is paid in full, yet the bank guarantee for the deposit will expire soon. A requested confirmation of extension is missing. If you only check the rental account, this process remains invisible: the continuance of an agreed security is a different question from a current payment arrear.
Read the actual course from both contracts
Our editorial recommendation: present the tenancy agreement, the complete guarantee declaration and any later amendments together. Mark separately when the guarantee ends, until when an extension or replacement guarantee is owed and what reaction was agreed for its failure to materialise. A duty named in the tenancy agreement does not extend the bank’s promise by its mere existence.
Request the actual status in good time. “The bank will take care of it” is not, as feedback, an already received extension. Record which document is missing and who will clarify it by which suitable working day. Choose that date so that technical review and required steps remain possible. No general statutory monthly deadline is invented here.
Distinguish a balanced rental account from the contractual security purpose
In 17 Ob 22/19p the OGH explains a structure in which the contract permitted the drawdown because of a failure to renew in good time. That could be justified even without an outstanding rent claim. In the case dealt with, the amount thereby became a cash deposit; there was no prior satisfaction of rent claims. [GARANTIE]
The concrete agreement is decisive. No blanket right to prudently draw down every time-limited guarantee follows from that case. Have the entitlement to draw, the actual trigger and the conditions of the bank promise examined together. This article contains no drawdown wording and does not declare any claim itself to be secured or due.
Do not post a receipt of money as additional rent
If, on an appropriate basis, a security is converted into money, the achieved state must remain recognisable. The OGH distinguishes conversion of security and satisfaction of claims. [GARANTIE] A balanced monthly account therefore does not suddenly need an invented new rent liability to reflect the transaction.
Also clarify the correct treatment of the amount. § 16b MRG contains, for its scope of application, provisions on the investment of a deposit handed over in the form of a monetary amount. [KAUTION] The specialist review must allocate the actually applicable rules and the contractual design; a security amount must not be treated without examination as freely available own income.
Take a later-arriving replacement security into account again
The OGH also deals with the threat of double security: in the structure there, on issuance of a new guarantee a claim for repayment of the paid-out guarantee sum was to be assumed. [GARANTIE] The originally omitted extension therefore does not necessarily remain without consequence if it later does arrive.
In the hypothetical case the administration initially confirms only the balanced rental status. On closer inspection it discovers the imminent expiry and the missing replacement document. It ensures the contractual security route is clarified in good time. When a new bank promise is submitted later, the entire security stock is reconciled again. The objective is the agreed effective protection with a comprehensible status, not an unnoticed duplication and not mixing with ongoing rent.