Apply for Eviction Stay - Tenants Austria
As a tenant in Austria, news of an upcoming eviction can be very stressful. In many cases a stay is possible so you have time to file objections, resolve finances or find alternative housing. This text explains clearly which legal deadlines apply, which evidence and forms courts expect and how to file an application for a stay. You will also learn when a district court is responsible, how to document evidence effectively and which deadlines must be met. The information helps you protect your rights and plan the next steps with more confidence, without legal jargon. If needed, we also list contact points and sample forms you can use as guidance.
First steps
Collect the most important documents first and note deadlines. Good preparation increases the chances of a stay.
- Check the deadline (deadline) and record the date.
- Prepare the lease and handover reports (document).
- Gather payment receipts, including bank statements (rent).
- Secure photos and other evidence (evidence).
Keep all payment receipts organized and stored safely.
Deadlines and application
In Austria the district court decides on stay requests. File the application in time and attach evidence. The Mietrechtsgesetz (MRG) regulates many deadlines and conditions.[1] For court forms and electronic filing use JustizOnline.[2]
Deadlines are short; act promptly.
What the court checks
- Whether the application is formally complete (form).
- Whether there are grounds for a stay, such as ongoing legal remedies (court).
- Whether the submitted evidence is plausible (evidence).
- Whether negotiation or mediation attempts were made (help).
FAQ
- What is an eviction stay?
- An eviction stay postpones the enforcement of the eviction so you can file objections or plan other steps.
- How do I apply for a stay?
- Submit a written application to the competent district court with reasons and evidence; use JustizOnline if available for filing.
- What deadlines apply?
- Deadlines vary; respond immediately and observe the set dates.
How-To
- Check the deadline (deadline): Verify service and note the final date.
- Collect documents (document): Lease, payment records, photos, correspondence.
- Write the application (form): State reasons, name the deadline and attach evidence.
- File the application (court): In person at the district court or via JustizOnline[2].
- Seek support if needed (help): Contact advice centers or a lawyer.
