Eviction & Notice Deadlines for Tenants in Austria
As a tenant in Austria it is important to know deadlines for notice protection, eviction and defect reporting. This practical guide explains clearly which dates you must observe, how a landlord's repair obligations under the MRG work and which steps to follow in the event of a judicial termination or eviction. You will learn how to collect evidence, respond within deadlines and assert housing protection. The aim is to give you clear courses of action so you can protect your rights and avoid unnecessary risks. The language remains simple, and the guidance shows concrete steps, forms and contact points so you are prepared in case of dispute.
Notice Deadlines and Tenant Protection
In Austria ordinary and extraordinary terminations and their deadlines vary depending on the lease and legal situation. Older tenancies or special protection agreements often have longer notice periods; check your contract carefully. If a judicial termination is imminent, deadlines must be strictly observed and are usually linked to proof of service.
- Ordinary notice periods: often 1 to 3 months depending on contract type.
- Extraordinary termination: effective immediately for serious breaches.
- Eviction deadlines after a court decision: usually specified in the judgment or enforcement order.
Repair Obligations and Defect Reporting
Landlords are obliged under the MRG to maintain the rented property; you must report defects without delay so repair deadlines start.[1] Document defects with photos, dates and witnesses, and request written repairs within a reasonable deadline.
- Report defects: in writing, include date and precise description.
- Set a repair deadline: typically 14 to 30 days depending on the defect.
- Secure evidence: photos, emails and witness notes.
What to Do in Case of Eviction or Judicial Termination
If you receive an eviction threat or judicial termination, check the service and deadlines immediately. You can file an objection or submit an application to the competent district court; many procedures offer forms and online services.[2]
- Check service dates and deadlines in the letter.
- Contact legal advice or a tenants' association early.
- If eviction is unavoidable, plan an orderly move and document the handover.
FAQ
- Which deadline applies after a written notice?
- The deadline depends on the lease and contract type; check your contract and possibly MRG provisions.
- Do I have to report a defect immediately?
- Yes, report defects immediately in writing so the repair deadline starts and you have proof.
- What happens if I ignore a judicial termination?
- Ignoring it can lead to loss of rights and accelerated eviction; respond within deadlines.
- Where can I find forms for court procedures?
- Forms and online services are available at JustizOnline and the district courts.
How-To
- Check the notice and note the service date and deadlines.
- Collect evidence: photos, correspondence, witnesses and the lease.
- Seek legal advice or contact a tenants' organization and file an objection if needed.
- Prepare an organized move and a handover record in case of eviction.
Key Takeaways
- Deadlines matter: act immediately on notices and defects.
- Documentation strengthens your position in disputes with the landlord.
- Seek assistance early from advisory services or courts.
Help and Support
- RIS: Legal Information System of the Federal Government
- Justice: Information on Courts and Procedures
- JustizOnline: Forms and e-Services
