Estates
Our sincere condolences and sympathies for your painful loss! We are aware that a death is an exceptional situation for the bereaved – emotionally and organisationally. In the following, we inform you about what you need to do regarding the tenancy of the deceased.
Contact (Vienna & Lower Austria)
Mr Dragoslav Markov
Tel. +43 (1) 87828-1193
Email: dragoslav.markov@buwog.com
Contact (other provinces)
Ms Nadine Bair
T: +43 4242 57200-1493
Email: nadine.bair@buwog.com
If your call cannot be answered immediately, please contact us by email. Your contact will get in touch with you as soon as possible.
General information
Estates
After every death, probate proceedings are automatically initiated by the court. These proceedings deal with the settlement of property matters pertaining to the deceased.
Tenancy of the deceased
Please note that the tenancy of the deceased is not automatically terminated despite his or her death. It is necessary to take certain steps so that the apartment can be restituted. During this time, rent will be charged.
Any arrears or eviction costs following restitution will be notified to the competent court commissioner or notary.
Termination of the lease
The tenancy must be terminated in writing and by heirs or authorised persons. In accordance with §1116a, second sentence of the Austrian Civil Code and §560 of the Austrian Code of Civil Procedure, there is a special right of termination of one month. More information can be found under the item "Termination of tenancy".
Entering into the lease
As a relative or partner, you may be entitled to enter into the lease of the deceased (in accordance with §14 of the Austrian Tenancy Act or ex lege). In this case, you must inform us in writing of your interest in using the rented property yourself within 14 days of the date of death. More information can be found under the item “Entering into the lease”.
Financing contribution / security deposit / payouts
After the restitution of the inventory items, we will inform the competent court commissioner (notary). As the representative of the estate, he/she will receive a statement from us of the available credit balances with regard to the financing contribution or deposit. Whether claims on rent, eviction costs, repairs or heating bills are to be deducted will also be announced. Only upon presentation of the legally binding decision can we then issue a payout to authorised heirs.
Termination of the lease
1. Transmission of necessary documents to BUWOG
Please contact us by email (or by post) and provide us the following documents (copies):
- Official certificate / confirmation from the notary’s office of the person authorised to represent the deceased
- Death certificate
- Informal letter of termination stating your intention to terminate the rental contract (lease number / address, date, signature)
- Information concerning when the rented property and cellar compartment will be vacated.
2. Termination
As soon as we have received the notice of termination and the death certificate, we will be pleased to prepare a confirmation of the termination for you in which the procedures are reiterated in detail. This will be forwarded to you by post or email.
3.) Restitution of the apartment
The confirmation of termination sent to you contains the contact information of the technical property management responsible for the matter. We kindly ask you to arrange a return date with this contact. You may also contact the person responsible for estates.
4.) Settlement of the monthly rent up until the return of the apartment
Please bear in mind that, despite the death, the tenancy is not automatically terminated and that the rents are prescribed until restitution of the rental property. Rental arrears are a burden on the estate and will be reported to the responsible notary.
5.) Payout of the financing contribution / security deposit
In accordance with the final account of the probate file, a financial contribution / security deposit or credit balance can only be paid out after a legally binding decision has been presented. As soon as we have the legally binding decision, we will contact the beneficiaries in order to be able to allocate the credit balance.
Interest in acquisition
If you are interested in acquiring the apartment to be restituted, please send us a written expression of interest, preferably by email (see contact). We will forward your request to a relevant BUWOG employee.
You will be contacted by us immediately.
Entering into the lease
1.Transmission of necessary documents to BUWOG
Please contact us by email (or by post) and provide us the following documents (copies):
Death certificate of the deceased Marriage certificate in case of entry into the lease of the deceased spouse Direct debit authorisation for the future collection of rent
- Informal application regarding entry into the lease in which you state your intention to use the rented property yourself (contract number / address, date, signature)
- Residence registration of the deceased as well as of the person submitting the application
- Photo ID of the person submitting the application
2. Lessor BUWOG’s review of your application
The legal requirements for the entry into the lease are checked by Asset Management. We then immediately contact you to discuss the next steps.
3. Ongoing settlement of the monthly rent
Please remember to continue paying the rent for the rental property of the deceased. This way, the burden of arrears can be reduced and no reminder fees will be incurred. In addition to the approval of your request, the settlement of any arrears is a prerequisite for the activation of your SEPA mandate.
Further information
We kindly refer you to the oesterreich.gv.at website (https://www.oesterreich.gv.at/en/themen/gesundheit_und_notfaelle/todesfall.html), where you will find ample assistance concerning relevant administrative topics following a death.