Eviction by Landlord in Austria: Tenant Rights
The landlord's termination causes uncertainty for many tenants. This guide explains in plain language which reasons are possible under the Mietrechtsgesetz (MRG), which deadlines and formal requirements apply and what rights tenants have in Austria. It describes concrete steps on how to secure documents, meet deadlines and seek legal information. If necessary, we also show how to prepare court proceedings and which official forms are useful.[1][2]
What is a landlord termination?
A landlord termination is the unilateral declaration to end the tenancy. It must usually be in writing and must not violate tenancy law. In many cases, reasons, form and deadlines are regulated by law; in some old tenancy contracts special protections apply under the MRG.[1]
Tenants in Austria often have rights to protection periods and a chance to be heard.
Common reasons for a landlord termination
- Payment default: Outstanding rent or repeated partial payments can justify termination.
- Personal use: The landlord or close relatives need the apartment personally.
- Contract breach: For example, unauthorized subletting or serious disturbances.
- Uninhabitability: Severe defects that prevent use of the apartment can have consequences.
Document defects and payment records early to secure evidence.
Deadlines and formal requirements
The statutory deadlines differ depending on contract type and termination reason. A termination must be in writing and usually include the grounds. Also observe deadlines for objection or eviction proceedings, as missed deadlines can cost rights.
- Deadlines (deadline): Check the dates named in the letter immediately and note all deadline dates.
- Formal requirements: The termination generally must be written and signed by the landlord.
Respond to legal letters within the stated deadline to avoid disadvantages.
Securing evidence
Secure all documents: tenancy agreement, payment receipts, photos of defects and all correspondence with the landlord. Note telephone agreements in writing with date and time.
What tenants can do immediately
- Collect evidence: payment receipts, photos and correspondence should be organized.
- Contact tenant advice or legal counsel early.
- Check the termination for formal errors and missing justifications.
Keep copies of all documents in a safe place.
Frequently Asked Questions
- When is a landlord termination invalid?
- A termination is invalid if it is not in writing, formal requirements were violated, or the stated reason is unlawful.
- What rights do I have after receiving a termination?
- You have the right to have the reasons reviewed, to observe deadlines, possibly to object, and to seek advice from tenant associations or lawyers.
- Do I have to move out immediately after receiving a termination?
- No, usually notice periods apply. Immediate eviction only follows after a court decision or if a legal exception applies.
How-To
- Read the termination carefully and note date and deadline.
- Gather all relevant evidence and prepare a chronological file.
- Seek legal advice from a tenant organization or lawyer.
- If necessary, submit an objection or statement within the deadline.
- If needed, prepare for court and use JustizOnline forms.[2]
Help and Support / Resources
- [1] RIS: Mietrechtsgesetz (MRG)
- [2] justiz.gv.at: Court information
- [3] JustizOnline: Forms and submissions
