Can Landlord Properly Terminate Tenancy in Austria
As a tenant in Austria you may wonder whether the landlord can lawfully terminate the tenancy and which deadlines apply. This text explains in plain language which reasons allow a lawful termination, which formal requirements and deadlines must be met, and how you as a tenant can respond. We cover subletting, fixed-term leases as well as ordinary and extraordinary terminations, the importance of written form, questions of proof and which courts are competent in disputes. You will also find practical steps on how to observe deadlines, secure documents and file necessary applications so you can protect your rights in Austria. We also explain the role of rent increases, deposits and defect notifications in connection with terminations and what assistance authorities and courts can offer.
When may the landlord terminate?
A landlord may only terminate under certain conditions. The legal basis includes rules such as the Tenancy Act (Mietrechtsgesetz) and the General Civil Code (ABGB), as well as court decisions.[1] Common reasons are arrears in payment, serious breaches of contract or legitimate owner use. Different deadlines often apply for fixed-term or short-term leases. What matters is the reason for termination, the correct form of delivery and compliance with statutory deadlines.
Typical lawful reasons
- Payment arrears (outstanding rent; rent) – landlord can terminate after reminder and expiry of the period.
- Serious breach of contract (e.g., repeated disturbances or unauthorized subletting).
- Owner use or legitimate interest in repossession (move-out).
Form and deadlines
In many cases terminations must be in writing and delivered in a verifiable way. Deadlines depend on the type of tenancy: fixed-term, open-ended main tenancy and typical MRG dwellings have different notice periods. Shorter deadlines are often possible for payment arrears, longer for ordinary terminations. Pay attention to proof of delivery and document receipt or service.
What counts as a formal error?
- Termination without written form or missing signature (form).
- No clear indication of the reason for termination or wrong date (document).
- Insufficient deadline information or incorrect service (calendar).
If a formal error exists, the termination may be ineffective. Document incoming mail, photos and all communication.
How should tenants respond?
First check the termination for formal defects and deadlines. Secure all evidence: tenancy agreement, payment receipts, correspondence and photos of any defects. If you doubt the legality, prepare a written counterstatement and file an objection or complaint. If eviction is imminent, seek legal advice immediately or check at the district court whether a judicial termination exists.
Practical steps
- Secure evidence: photograph and store the lease, payment records and correspondence.
- Note deadlines and enter dates into your calendar (calendar).
- If unsure, contact advisory centers or a lawyer.
FAQ
- Can the landlord terminate without reason?
- No, in most cases the landlord needs a legally recognized reason or the contractually agreed ability to terminate.
- What deadlines apply for arrears in payment?
- Shorter deadlines often apply for payment arrears; exact periods depend on the contract and the legal situation.
- What to do with incorrect service?
- Keep all records and, if necessary, file an objection or seek judicial clarification.
How-To
- Check the termination immediately for form and deadline.
- Secure all relevant documents and payment proofs.
- Seek legal advice or contact the competent authority if uncertain.
- If necessary, prepare a lawsuit or application at the district court.
Key Takeaways
- Notice periods and formal requirements determine whether a termination is effective.
- Documentation and evidence significantly strengthen your position.
- Seek timely advice before deadlines expire.
Help and Support
- RIS - Legal texts and commentary
- Justiz.gv.at - Courts and procedures
- JustizOnline - Forms and e-Services
