Eviction by Landlord: Tenant Rights Austria
An eviction notice from a landlord often causes uncertainty; as a tenant in Austria it is important to know your rights under the Mietrechtsgesetz (MRG) and the usual grounds for termination. This article explains clearly which reasons can justify a lawful termination, which deadlines apply and which steps you as a tenant should take — for example objection, documenting defects or seeking legal advice. We cover rent arrears, contract breaches, owner move-in and necessary construction work as well as your options against unjustified terminations. The goal is to give you clear action steps and guidance so you can meet deadlines, secure evidence and find the right contacts in Austria if a dispute arises.
What is a landlord termination?
A landlord termination is a unilateral declaration by the landlord to end the tenancy. Not every termination is automatically lawful: the MRG and supplementary provisions in the ABGB set conditions, grounds and deadlines. Check the letter carefully and note the stated termination period and reasons.
Common reasons for termination
- Rent arrears (rent) of several months can justify a timely termination.[1]
- Contract breaches or unauthorized subletting (notice) are common grounds for warning and termination.
- Neglect of apartment duties or significant damage (repair) can constitute grounds for termination.
- Owner move-in or necessary construction work (court) may lead to a valid termination in certain cases.
Which deadlines apply?
Deadlines depend on the lease and the MRG. Often there are graduated termination periods depending on contract type and tenancy duration. Note objection deadlines and any stated vacate dates immediately.
FAQ
- Can my landlord evict me immediately for rent arrears?
- For significant rent arrears eviction may be possible, but there are legal conditions and deadlines under the MRG; often a warning or notice is required.
- What can I do if I believe the termination is unjustified?
- Secure evidence, obtain legal advice and file a timely objection; if necessary, court proceedings may follow.
- Do I have to vacate immediately after receiving the termination?
- No, statutory deadlines usually apply; however, pay attention to dates in the termination letter and possible court dates.
How-To
- Check the notice carefully: note the date, reason and deadlines.
- Collect evidence: photos, payment receipts and relevant messages or defect reports.
- Contact tenant counseling services or legal advice and consider filing a formal objection.
- If needed, prepare a claim or statement for the district court; check required forms online.[2]
Help and Support
- RIS - Legal basis (MRG)
- Justiz.gv.at - Court and procedure information
- JustizOnline - Forms and submissions
