Commercial rent arrears: operating costs, due dates and enforcement
Review commercial rent arrears in Austria: operating costs, due dates, objections, evidence and preparation for enforcement.
3 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
An open rent claim for commercial premises should first be separated into the base rent, operating costs, recurring public charges, other agreed components and interest. A traceable statement shows which amount is due and can be supported by evidence.
Section 15 MRG identifies the components of rent and provides for payment on the fifth day of each month in advance unless a later date was agreed. Section 21 MRG governs specified operating costs and their accounting. The lease and the scope of application of the MRG determine how these rules apply.
This article concerns commercial premises in Austria. It explains how to structure the claim, assess common objections and prepare further steps. The interpretation of a particular lease remains a case-specific question.
What should be clarified first in an open commercial rent claim?
The answers are not legal advice. They help organise the documents for an initial review.
Already know you want to get in touch? Go straight to the enquiry form.
Where is the current point of review?
Choose the answer that best describes your situation.
Overview of all answers.
Prepare a traceable statement
Arrange the lease, rent agreement, operating cost statements, payments and reminders in chronological order. A monthly overview with the outstanding balance makes the next review much clearer.
Assess each objection separately
Record whether the tenant disputes the amount, due date, individual operating costs or the usability of the premises. Each objection needs its own answer based on the lease, records and facts.
Reconcile the title and arrears
Where an enforceable title exists, separate its principal and ancillary claims from later payments and the current balance. Enforcement can then be prepared on a reliable basis.
Which components and due dates matter?
Under section 15 MRG, rent in a main lease may comprise the base rent, the share of operating costs and recurring public charges, special expenses and remuneration for furniture or other services supplied with the premises. VAT must be assessed separately. The lease may also contain specific accounting or payment clauses.
Under section 15(3) MRG, rent is due in advance on the fifth day of the relevant month if no later date was agreed. Section 1100 ABGB also provides for monthly payment on the fifth day for rented premises where no different agreement or local practice applies. Each month should therefore show the agreed amount, its due date and the payment allocated to it.
How should operating costs be supported?
Section 21 MRG lists specified operating costs and recurring public charges. With annual flat-rate accounting, costs that became due must be accounted for by 30 June of the following calendar year. Main tenants may inspect the statement and supporting records. For commercial premises, the lease and the scope of the MRG also need to be considered.
The review should therefore include the annual statement, underlying invoices, the allocation key, advance notices, payments and any corrections. A flat additional demand without a traceable allocation makes enforcement more difficult. A clear monthly and annual overview shows whether the balance comes from current advances, an annual statement or another contractual item.
Which objections can change the balance?
A tenant may dispute the amount, due date, individual operating costs, payments already made or the usability of the premises. Section 1096 ABGB provides for a corresponding exemption from rent where the premises become substantially unusable without fault of the tenant. The result depends on the cause, duration, available use and the lease.
In 4 Ob 32/24w of 19 November 2024, the Austrian Supreme Court considered the actual usability of commercial premises and findings about support payments relevant to a rent claim. The decision does not resolve other cases. It illustrates why alleged restrictions and actual use should be documented by date.
What should be organised before litigation or enforcement?
Before taking a further step, the statement should show each monthly amount, each operating cost item, every payment and the interest calculation. Section 1333 ABGB provides statutory interest for delayed payment and, under its conditions, compensation for further reasonable loss. The start of default and the calculation must match the due date and correspondence.
Enforcement requires a suitable enforceable title. Where no title exists, the claim, due date, objections and appropriate court route must be reviewed first. Where a title exists, titled amounts and later rent arrears must remain separate. Debtor details, service, costs and economic recoverability also matter when selecting the next step.
Commercial rent arrears
Are operating costs automatically part of the rent arrears?
That depends on the lease, the scope of the MRG, the statement and the due date. Each operating cost should be shown with its basis and relevant period.
When is rent for commercial premises due?
Sections 15(3) MRG and 1100 ABGB generally refer to the fifth day of the month in advance. An effective later agreement or another applicable rule may determine the result.
Can a claim remain even where rent reduction is asserted?
Yes. Alleged unusability or restrictions must be assessed by period and cause. The balance can then depend on actual use and the findings about the condition of the premises.
Further claim reviews
Commercial rent, Operating costs, Due dates, Enforcement, Claim, Austria