Eviction Stay: Who Pays? Tenants in Austria
Tenants in Austria who apply for an eviction stay often face questions about costs, deadlines and responsibilities. In this article we clearly explain which costs can arise with a court-ordered stay, who bears them and what duties both tenants and landlords have. We outline the main legal foundations of tenancy law, typical court procedures and practical steps you as a tenant should take now, such as documentation, applications and meeting deadlines. The aim is to give you clear guidance for difficult situations so you can make informed decisions and better protect your rights in Austria. We also show how to find professional help and which official bodies provide information.
What does an eviction stay mean?
An eviction stay is a court decision that delays the immediate enforcement of an eviction for a set period. The stay does not automatically change the due date of rent: tenants are often still responsible for ongoing rent payments even if the eviction is postponed[1]. Whether additional costs such as security deposits or fees arise depends on the court order and the course of the proceedings.
Who pays which costs?
- Continue paying rent (rent): In many cases the tenant must continue to pay ongoing rent, even during a stay.
- Court costs (court) and fees: Court costs may arise; who ultimately pays is determined by the outcome of the procedure.
- Security deposit (form): The court may require a security payment or guarantee to cover possible costs in the proceedings.
- Repairs and maintenance (repair): Ongoing maintenance obligations usually remain and must be clarified separately.
How do I apply for a stay?
The stay is applied for by submitting an application to the competent district court; this includes a justification, evidence regarding the tenancy situation and possibly requests for security. Deadlines must be observed and typical steps are filing the application, service on the landlord and a court decision. It is advisable to attach evidence such as payment receipts, correspondence and, if applicable, medical certificates[2].
- Prepare application (form): Gather evidence and formulate the application precisely.
- Secure evidence (evidence): Photos, payment receipts and correspondence help the court.
- Seek help (contact): Consult legal advice or tenant protection organizations.
Frequently Asked Questions
- 1. Do I have to keep paying rent during the stay?
- Yes, in many cases the obligation to pay rent remains; the stay usually only postpones the eviction, not the rent obligation.
- 2. Can the court require a security payment?
- Yes, the court may require the tenant to provide a security payment to cover possible costs or damages.
- 3. Who pays court costs if I lose?
- If a proceeding is lost, the losing party may be ordered to pay court costs; the court determines the details.
How-To
- Collect evidence: Gather tenancy contracts, payment receipts and correspondence.
- File an application: Submit a reasoned stay application to the district court.
- Use advice: Contact tenant protection organizations or a lawyer for assistance.
Help and Support / Resources
- [1] RIS – Legal Information System of the Republic
- [2] justiz.gv.at – Information on court procedures
- [3] JustizOnline – Electronic forms and services
