Eviction by Landlord: Tenant Rights in Austria
Many tenants in Austria wonder which documents a landlord must provide to justify a legally effective eviction under the Mietrechtsgesetz (MRG). This article explains in plain language which documents are often required, which deadlines apply and how you as a tenant should secure evidence. It also describes how formal errors can render the eviction ineffective and which first steps are needed in case of a dispute, such as filing an objection or contacting advisory services. Notes on official forms and court procedures complete the guidance so you can make an informed decision about whether legal help or a settlement is appropriate.
Which documents must the landlord provide?
Landlords must present different documents depending on the eviction reason. Commonly requested items are formal letters, a concrete justification and evidence supporting the claimed reason. Without comprehensible documents the validity of the eviction can be questioned.[1]
- Written eviction notice with date and signature
- Clear statement of the eviction reason
- Supporting documents or evidence (e.g., written statements, photos, protocols)
- Lease agreement and prior warning letters
- Communication by email or letter as documentation
Formal requirements and deadlines
The form and deadlines depend on the exact tenancy and the reason for eviction. Some evictions require longer notice periods, others need justification or specific form requirements. Check dates carefully, because deadlines can determine objection or litigation options.
How tenants should secure evidence
Collect all relevant documents and evidence in both digital and paper form. Photos, emails, payment receipts and witness statements can be important. Mark which documents directly relate to the eviction reason and note timestamps.
- Rent payments and receipts
- Correspondence with the landlord
- Photos of defects or incidents
What to do with formal mistakes?
If the eviction has formal defects, such as a missing signature or unclear justification, it may be ineffective. In such cases an initial response is advisable: contact the landlord in writing and request clarification. If the matter cannot be resolved amicably, court proceedings are possible.[2]
FAQ
- What reasons must the landlord state?
- The landlord must clearly state the eviction reason; common reasons include owner occupancy, contract breaches or non-payment of rent.
- Can a tenant challenge the eviction?
- Yes, tenants can file objections within the applicable deadlines, seek legal advice, or consider bringing a claim at the district court.[3]
- What deadlines apply for responding?
- Deadlines vary depending on the type of eviction and must be checked precisely; if unsure, act immediately and seek legal advice.
How-To
- Gather all relevant documents and arrange them chronologically.
- Check the eviction deadline and note the key dates.
- Prepare a written response or obtain advice before signing anything.
- Contact advisory bodies or local tenant associations for support.
- If necessary, prepare a claim or application to the district court.
Key Takeaways
- A properly executed eviction must be dated and justified.
- Deadlines are crucial; do not miss them.
- Documentation and evidence strengthen your position.
Help and Support
- [1] RIS - Mietrechtsgesetz (MRG)
- [2] JustizOnline - Forms and submissions
- [3] Justiz.gv.at - Information on court procedures
