Limitation Period for Rent Reclaims in Property Sales

Dec 5, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the applicable limitation period for claims seeking the return of rent collected subsequent to the contractually agreed handover date of a property.

In the case at hand, the purchaser was prepared to fulfil the payment obligations; however, the seller, represented by an insolvency administrator, elected to withdraw from the agreement. Subsequently, the purchaser requested the reimbursement of rent collected beyond the stipulated handover date.

The court of first instance and the appellate court both ruled in favor of the claim, granting a total award of EUR 6,316,621.44 for the periods from 1 July to 31 December 2011 and from 1 September 2019 to 31 August 2020. The OGH rejected the appeal.

A claim for rent is not considered a 'regularly recurring claim'.

The defendant cited Section 1480 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), which stipulates that claims for regularly recurring payments are governed by a three-year statute of limitations.

Nonetheless, the OGH dismissed this argument, determining that the plaintiff’s claim did not initially seek recurring payments, but instead focused on the restitution of benefits obtained by the defendant pursuant to a uniform purchase contract, in accordance with Sections 1050 and 1064 of the ABGB.

The receipt of rent on multiple occasions by the seller arises solely from delays in transfer rather than from the inherent nature of the claim itself. Claims under Section 1480 of the ABGB pertain to payments that are inherently recurring, such as contributions to religious organisations, pension instalments, and sponsorship contributions, all of which are intended to be fulfilled on a periodic basis from the outset.

Since the claim originates from the purchase agreement, a limitation period of 30 years is applicable. The OGH has clarified that claims for the restitution of benefits acquired by third parties are subject to different treatment than those governed by Section 1480 of the ABGB. Comparable cases include those involving license fees or estate agent commissions.

OGH, 7 Ob 134/25v, 25 September 2025