Apply to Postpone Eviction for Tenants in Austria

If an eviction is threatened, tenants in Austria can, under certain conditions, apply to postpone the eviction or file an objection or complaint. This article explains in plain language which deadlines apply, which documents you should collect and how to proceed formally — from submitting the complaint to a possible court date. The aim is to give practical action steps so you know your rights as a tenant and do not miss deadlines. The guidance covers important aspects of tenancy law and court procedures without assuming legal expertise. If necessary, we provide typical wording and where to find templates. Read all sections carefully so you are prepared.^[1]

When is a postponement possible?

A postponement of eviction may be possible when there is particular hardship or formal errors in the eviction procedure. That does not automatically prevent eviction, but you can gain time to submit documents or seek a solution.

Typical reasons and what that means

• Hardship or exceptional personal circumstances that make immediate eviction unreasonable.
• Formal defects in service or the order that justify an objection.
• Ongoing court proceedings or complaints that may suspend enforcement.
• Proof of an upcoming move or alternative housing that creates time to arrange matters.
• Agreement with the landlord or social services to reach a settlement instead of immediate eviction.

Which documents to collect?

Good documentation is crucial. Collect rent payments, correspondence with the landlord, medical certificates or authority notices. Any file that explains your situation can help the court or authority grant a postponement.

• Receipts and bank statements as proof of rent payments.
• Correspondence with the landlord or authorities, including emails and registered letters.
• Certificates, notices or other proofs for hardship cases.

FAQ

Can I stay in the flat immediately if I apply for a postponement?

An application for postponement does not automatically mean you may stay immediately; the court or authority often decides after reviewing the documents and circumstances.

How quickly must I react if I receive an eviction notice?

Deadlines are short: read the service carefully and respond promptly, usually within a few days or weeks depending on the notice.

Do I need a lawyer to file an objection or complaint?

You can file an objection without a lawyer, but in complex cases or with deadline issues, legal advice is recommended.^[2]

How-To

1. Check the deadline on the service document and note the date.
2. Collect evidence: rent payments, correspondence, certificates and photos as proof.
3. Draft an objection or complaint and attach the documents; use templates available on official sites.^[3]
4. Submit the documents to the competent court or authority and explain the hardship.
5. Prepare for a possible hearing and bring all originals.

Key Takeaways

• Respond quickly and within deadlines to notices.
• Gather comprehensive evidence about your situation.
• Use official forms and seek legal advice if needed.

Help and Support / Resources

• RIS: Access to the Tenancy Act (MRG)
• Justiz.gv.at: Information on courts and procedures
• JustizOnline: Forms and electronic submissions

1. [1] RIS - Legal Information System of the Republic of Austria
2. [2] Justiz.gv.at - Information on court proceedings
3. [3] JustizOnline - Electronic forms and submissions