Eviction Postponement for Tenants in Austria

If your landlord in Austria requests a postponement of eviction, this can be unsettling. As a tenant you have rights and deadlines to observe: check the underlying reasons, collect all evidence (lease agreement, proof of payments, reminders) and inform yourself about the legal basis such as the Tenancy Law (MRG)^[1]. Often the district court decides on extensions of deadlines or enforcement; therefore respond promptly and with documentation. This article explains which steps tenants in Austria can take, how deadlines work, which documents are useful and when professional help makes sense. You will receive practical advice on filing applications, defending against a postponement and preparing for a possible court hearing.

What Does Eviction Postponement Mean?

An eviction postponement means that the actual eviction of the dwelling is carried out at a later date. This can be requested for procedural reasons, cases of hardship or scheduling issues. A postponement does not automatically change the legal basis of the termination but can buy time to make payments or take legal action.

Common Reasons and Deadlines

Reasons for a postponement include pending appeals, hardship cases or organizational delays. Court deadlines can be short, so check every deadline carefully^[2].

• Check deadlines (deadline) — note delivery dates and legally applicable time limits immediately.
• Settle arrears (rent) — a partial payment often reduces pressure and shows willingness to cooperate.
• Submit formal applications (form) — applications must be properly justified and filed correctly.
• Collect evidence (evidence) — payment receipts, correspondence and photos help in court.
• Attend court dates (court) — attend in person or through a representative.

What Tenants Should Do

1. Check and record deadlines (deadline) — record service dates and all deadlines immediately.
2. Collect documents (evidence) — prepare the lease, proof of payments, reminders and correspondence.
3. Contact support (call) — speak with a tenants' association, legal advisor or social service.
4. Prepare and file a response or application (form) — submit a reasoned statement if necessary.
5. Attend the court hearing (court) — be prepared and appear on time.

Frequently Asked Questions

Can the landlord obtain a postponement without a court?

No. An effective postponement of eviction is usually ordered by the competent court or confirmed by agreement between the parties.

Do I have to respond to a postponement?

Yes. Respond in writing, present evidence and observe court deadlines, as deadlines can be very short^[2].

Where do I file applications?

Forms and electronic filings are often handled via JustizOnline; check the required documents and deadlines there^[3].

How-To

1. Record all service dates and deadlines immediately.
2. Gather the lease, payment receipts, reminders and correspondence.
3. Contact a tenants' association or legal advisor to review your options.
4. Prepare a reasoned response or application and file it within the deadline.
5. Prepare for a possible court hearing and attend punctually.

Help and Support / Resources

• [1] RIS - Legal Information System of the Republic of Austria
• [2] justiz.gv.at - Information about courts
• [3] JustizOnline - Electronic filings

1. [1] RIS - Tenancy Law (MRG)
2. [2] justiz.gv.at - Court procedures and jurisdictions
3. [3] JustizOnline - Electronic forms and filings