Can Landlord Enter Apartment? Tenant Rights Austria
Tenants in Austria often wonder if and when a landlord may enter the apartment. This text clearly explains your rights as a tenant, the legal basis and practical steps for unlawful entries. You will learn which notifications, deadlines and purposes are permitted, how to file an objection or report a complaint and which evidence is useful. The guide names authorities and courts, explains formal requirements and provides templates for written notifications. The aim is to give you confidence so you can prevent inappropriate intrusions and fairly organize legitimate inspections. The advice is specifically tailored to tenancy relationships and tenant rights in Austria.
What applies legally?
For tenancy relationships in Austria, the Mietrechtsgesetz (MRG) as well as general rules of the ABGB and procedural provisions are authoritative. The MRG regulates tenant protection rights, permissible landlord interventions and reasons for access to the apartment[1].
When may the landlord enter?
- For urgent repairs and dangers (e.g. burst pipe).
- For agreed viewings after prior notice.
- To carry out necessary inspections when moving out.
- In the event of immediate danger to persons or the building (danger in delay).
How to document and file an objection?
If you suspect an unjustified entry, respond in a structured way: document time, participants and purpose; collect photos or witnesses; and send a written objection to the landlord.
- Document date, time, names and incident with photos or notes.
- Send a formal objection by registered mail or email with read receipt.
- Observe deadlines: act promptly to secure evidence and avoid missing time limits.
- Contact a tenant protection organisation or the district court if necessary.
FAQ
- May the landlord enter without permission?
- Generally no; exceptions are danger in delay or urgent repairs. Otherwise, notice or consent is usually required.
- How quickly must I react?
- React immediately: document the incident and send a written objection within a short time to secure rights.
- Where can I file a complaint?
- Complaints and actions are typically filed with the competent district court or via JustizOnline; form and jurisdiction depend on the case[2].
How-To
- Document immediately: date, time, photos, witnesses and description of the entry.
- Send a written objection to the landlord and prove receipt.
- Obtain advice from tenant protection organisations or legal counsel if unresolved.
- If necessary: file a complaint or lawsuit at the district court and attach evidence.
Help and Support
- [1] RIS: Mietrechtsgesetz (MRG)
- [2] Justice: Information about courts
- [3] JustizOnline: Electronic forms and e‑services
