Ending Lease Yourself: Who Pays? Tenant Guide Austria
As a tenant in Austria you may need to end the tenancy yourself. This raises questions about deadlines, who pays outstanding rent, the deposit or necessary repairs, and which duties apply before moving out. This guide explains in plain language which notice periods are common, what costs tenants must cover and when the landlord is liable. You will get practical steps to meet deadlines, document damages and tips for handover so your move-out is legally secure and as stress-free as possible. We also show how to prepare formal letters correctly, which proofs are important and when to seek legal help or involve the district court.
Notice Periods and Form
The legally relevant provisions on tenancy law are found in the Mietrechtsgesetz (MRG).[1] Different notice periods apply to fixed-term and open-ended tenancies; check your lease and inform yourself about the specific deadlines. Ensure written notice and that delivery is provable.
- For open-ended residential leases, three-month notice periods are often common.
- Fixed-term contracts usually end automatically at the expiration date.
- Check special termination rights for serious reasons, such as health hazards.
Who Pays What?
Generally, rent and utilities remain the tenant's responsibility until the end of the tenancy. For damage beyond normal wear and tear, the landlord may claim compensation. The deposit may only be used by the landlord for justified claims; a lawful settlement is required.
- Outstanding rent and utilities: the tenant is liable until the tenancy ends.
- Deposit: repayment after termination, less justified claims by the landlord.
- Repairs: minor maintenance is often the tenant's responsibility; for major defects the landlord is responsible.
Receipts, Handover and Documentation
Well-documented handover protocols and photos protect tenants and landlords. Note meter readings, document existing damages and hand over a signed handover list. If possible, have witnesses confirm the handover.
- Create a handover protocol with date, meter readings and signed findings.
- Collect all payment receipts, repair invoices and a copy of the termination as evidence.
- Record key return and obtain a receipt if possible.
FAQ
- Which notice period applies when I terminate myself as a tenant?
- It depends on the contract and the type of tenancy; in many cases three-month periods apply, check your lease and the MRG.[1]
- Can the landlord withhold the deposit?
- Only for justified claims such as outstanding rent or proven damage; request a detailed statement.
- What if there is a dispute after termination?
- Gather evidence, review forms for court steps (e.g., JustizOnline) and consult the district court if necessary.[2]
How-To
- First check your lease and note the contractually agreed notice period.
- Write the termination in writing, dated and signed, and send it with proof of delivery.
- Document the apartment handover with photos, meter readings and a protocol signed by both parties.
- If uncertainties or disputes arise, use JustizOnline forms or seek legal advice and inform the district court.[2]
Key Takeaways
- Observe notice periods and keep proof of delivery.
- Always document the handover and keep receipts.
- Clarify deposit and outstanding claims in writing.
Help and Support
- [1] Mietrechtsgesetz (MRG) – RIS
- [2] Court Termination and Forms – JustizOnline
- [3] Information on Court Procedures – Justiz
