Eviction for Job or Move: Tenant Rights in Austria
Many tenants in Austria ask whether the landlord may terminate the lease because of a job change or an upcoming move. The answer depends on the type of tenancy agreement, the stated reasons for termination and applicable legal provisions. As a tenant, you should know the deadlines, check if the contract contains special provisions and whether the landlord has a legitimate interest. The Tenancy Act often protects certain apartment types; different rules apply to open-ended tenancies. In this article we explain in plain language when a termination is possible, what obligations landlords and tenants have, and what steps you as a tenant can take if you receive a termination or need to move. We provide practical guidance on deadlines, objection options and documenting defects, as well as tips for talking to the landlord.
When may the landlord terminate?
Basically, a landlord in Austria may only terminate if there is a legal reason or contractually agreed circumstances. Many apartment types are specially protected under the Tenancy Act[1]. Terminations solely because of a tenant's job change are rarely sufficient; more common reasons are owner occupation, serious breaches of contract, or the landlord's economic interest in using the property differently.
Typical reasons for termination
- Termination for owner occupation or the owner's move.
- Serious contract breaches, e.g. repeated non-payment of rent.
- Economic interests of the landlord, for example when the owner wants to change the use or sell the property.
What deadlines apply?
The applicable deadlines depend on the tenancy relationship and the type of termination. Fixed-term agreements end at the expiry; open-ended contracts follow statutory or contractual notice periods. For immediate terminations due to serious breaches, conditions are stricter and usually require a prior warning.
- For ordinary termination: observe contractual or statutory notice periods.
- For immediate termination: only possible for serious reasons.
- For owner occupation the landlord must plausibly explain the circumstances.
What can tenants do?
If you receive a termination, stay calm and first check the reasons and deadlines. Gather evidence, payment records and photos of the apartment. If uncertain or if the termination appears unjustified, seek legal advice or a conciliation body. The competent court for many tenancy disputes is the district court; further information and forms are available from official agencies[2][3].
FAQ
- Can the landlord terminate because of my job change?
- Only in exceptional cases; a mere change of job is usually not a sufficient reason for termination.
- What rights do I have if I receive a termination?
- You are entitled to a justification of the termination and can check deadlines, objections and possible legal remedies.
- How long do I have to respond?
- The response period depends on the type of termination; check the notice carefully and act quickly.
How-To
- Read the termination letter carefully and note the deadlines.
- Collect relevant documents: lease, payment receipts, correspondence.
- Check whether the termination was made properly and whether a legal ground is stated.
- Consider submitting a written statement or objection; document all steps.
- Seek legal advice or a conciliation service if in doubt.
