Can Your Landlord Enter Your Apartment? Tenants Austria
As a tenant in Austria you may wonder which documents a landlord may request before entering the apartment. This article clearly and practically explains tenants' and landlords' rights and duties, notice periods, and which records or documents are permissible. You will learn when an inspection is lawful, what exceptions apply for repairs or emergencies, and how to protect yourself with written reports and photos. We also show how to recognise formal invitations, move-in and move-out documents, and official orders, and which steps to take in disputes. The goal is to give you confidence and to support conflict-free solutions.
What landlords may do when entering
Landlords do not have a general right to enter at any time. Principles on access are governed by the Mietrechtsgesetz and civil law[1]. Typical lawful reasons include emergencies, urgently required repairs, agreed inspections or a court order.
- in emergencies (water) enter immediately to remove hazards
- to carry out necessary repairs (repair) after prior notice
- for viewings when re-renting or selling after reasonable notice (notice)
- to enforce legitimate claims only with a court order (court)
Keep every scheduled or unscheduled inspection documented in writing and take photos.
Which documents a landlord may request
Not all documents may be requested. Typical permissible items are copies of the lease, handover records, or official notices. Private or sensitive documents may not be demanded without legal basis. In case of doubt check legal provisions or seek legal advice[1].
- Lease agreement or signed handover protocols (document)
- Receipts for agreed repairs or access arrangements (record)
- Written notices from the landlord about inspections or works (notice)
Do not provide sensitive personal data without a legal reason.
What to do if the landlord enters without permission
Unauthorized entry should be documented and the landlord asked in writing to desist. Collect evidence, name witnesses and consider a complaint or civil action. District courts are usually responsible for tenancy disputes[2].
- Collect evidence: photos, time, witnesses and written notes (document)
- Contact the landlord in writing and demand cessation (contact)
- If necessary, pursue legal steps or file with the district court (court)
Quick and structured documentation improves your position in disputes.
FAQ
- May a landlord enter without notice?
- Generally no; exceptions are emergencies or a court order.
- Which documents may the landlord see?
- They may request the lease, handover records and necessary repair receipts, but not private sensitive documents without legal basis.
- What can I do if the landlord enters without consent?
- Document the incident, demand cessation and consider legal action at the district court.
How-To
- Document: Take photos immediately, note time and witnesses and record everything in writing (document).
- Contact: Demand in writing that the landlord desist and request an explanation (contact).
- Legal steps: If needed, file a claim at the district court or use JustizOnline forms (court).
In many cases, written documentation protects your rights in court.
