Apply for Eviction Stay: Tenant Help Austria

As a tenant in Austria, the notice of an eviction can be very stressful. Applying for a stay of eviction is possible, but many tenants make formal mistakes: they underestimate deadlines, submit incomplete evidence, or misunderstand which court steps are required. This article explains step by step which documents are important, how to observe deadlines, and the roles of the district court, the MRG and JustizOnline. The language is clear and practical: you receive concrete action steps, documentation tips and examples of common errors so you can prepare your application correctly and improve your chances of a stay. If possible, seek legal advice early or contact a tenants' association and collect evidence such as payment receipts, correspondence and photos.

What is a stay of eviction?

A stay of eviction is a court decision that suspends the enforcement of an eviction for a set period. A stay can be granted when there are special hardships or procedural deficiencies. Relevant provisions are found in the Mietrechtsgesetz (MRG) and the civil procedure rules of civil procedure law^[1].

Common mistakes when applying

• Underestimating deadlines or missing deadlines: applications and appeals must be filed within tight time limits.
• Incomplete evidence: missing payment receipts, photos or correspondence weaken the application.
• Incorrect or incomplete forms: formal defects during submission or addressing the wrong court.
• Misunderstandings about payments: incomplete proof of arrears or deposit issues lead to rejections.

What the district court examines

The competent district court checks whether formal requirements are met, whether an enforceable title exists and whether there is a legitimate interest in a stay. In many cases the court decides based on the evidence and a short procedure on extensions or grants of stay. In unclear cases, enforcement may be suspended until disputed issues are resolved^[2].

Which evidence matters?

Documentation increases the chances of success: payment receipts, bank statements, correspondence with the landlord, medical certificates or proof of special hardships (e.g. illness, social cases). Provide chronological copies and include a brief cover letter explaining why a stay is justified.

FAQ

Can I, as a tenant, apply for a stay of eviction?

Yes, tenants can apply to the competent district court for a stay if there are special reasons or formal deficiencies.

Which deadlines must I observe?

Deadlines vary by service and procedure; it is important to react quickly after receiving the eviction notice and to file the application on time.

Which evidence helps most?

Payment receipts, correspondence with the landlord, medical certificates and other evidence of hardships or ongoing legal remedies.

How-To

1. Check the service and note all relevant deadlines.
2. Collect evidence: payment receipts, correspondence, photos and medical certificates.
3. Prepare the application or draft a short cover letter with a clear justification.
4. Submit the documents to the competent district court and keep proof of receipt.
5. Seek advice quickly from a tenants' association or lawyer if needed.

Help and Support / Resources

• [1] RIS - Legal Information System of the Federation
• [2] Justice - Information on Courts and Procedures
• [3] JustizOnline - Electronic Submission and Forms

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz - Bezirksgerichte und Verfahrensinformationen
3. [3] JustizOnline - Elektronische Formulare und Einreichungen