Eviction by Landlord in Austria — Tenant Rights

Many tenants in Austria feel uncertain when a landlord issues a termination or threatens eviction. This guide explains in plain language what tenant rights exist, how termination protection works, which deadlines apply and what steps can follow in a court-ordered eviction. I outline how to review a termination, gather evidence and respond within deadlines. There is also an easy-to-use template for replying to the landlord and advice on contacting authorities and courts. The aim is to give you clarity and practical steps so you can effectively assert your rights as a tenant in Austria. If needed, you will also find notes on court files, deadline calculation and possible support services.

What does a landlord's termination mean?

A landlord's termination ends the tenancy unilaterally. For certain contracts and furnished rentals, specific rules under the Mietrechtsgesetz (MRG) apply and there are legal requirements for termination reasons and form^[1]. Not every written message is a legally valid termination; check form, content and service method.

Termination protection, reasons and deadlines

Termination protection prevents arbitrary evictions. For some contract types or social hardship reasons, landlords face limitations. Deadlines and required reasons are specified by law or contract. Pay attention to them.

• Carefully check deadlines and dates stated in the termination letter.
• Ensure the termination states the reason and is provided in writing.
• Collect documents, photos and payment receipts as evidence.
• Contact advisory services or legal counsel in time if unsure.

Eviction and court procedure

If eviction occurs, the district court often decides in first instance; disputes require court action and procedural deadlines under the civil procedure rules apply. Do not wait: respond within the set deadlines and file objections when appropriate^[2].

Template: Reply to a termination

A short, clear reply to the landlord should include date, reference to the termination, reasons for contesting or request for clarification, and reference to evidence. Below is a simple template you can adapt.

Sample reply (short)

Dear Ms/Mr [Landlord Name],

I hereby object to the termination of the tenancy served on [date] on the grounds of [reason] and request written clarification of the legal basis. I hold the following evidence: [list]. I ask that you refrain from eviction until the matter is resolved.

Yours sincerely,
[Your Name]

FAQ

Which deadlines apply after termination?

Deadlines depend on the contract, the type of tenancy and legal provisions; check the termination letter and contact advisory services if unsure.

Can the landlord terminate without reason?

No, recognized legal reasons or contractual clauses must apply; otherwise the termination can be challenged.

What to do when faced with an eviction threat?

Act immediately: gather evidence, seek legal advice and check whether an amicable solution is possible.

How-To

1. Read the termination carefully and note dates and deadlines.
2. Collect all relevant evidence: payment records, photos, correspondence.
3. Draft a reply stating your objections and desired timeframe; send it with proof of delivery.
4. Contact advisory services or initiate court proceedings if no settlement is reached.

Help and Support / Resources

• RIS - Legal Information System of Austria
• Justiz.gv.at - Court and procedure information
• JustizOnline - Electronic forms and filings

1. [1] RIS - Mietrechtsgesetz (MRG) and legal sources
2. [2] Justiz.gv.at - Information on courts and procedures
3. [3] JustizOnline - Electronic forms and court submissions