Eviction & Tenant Protection in Austria

When does eviction protection apply?

Eviction protection can apply if the tenancy falls under the Tenancy Act (MRG) or if special protection rules are relevant. Courts generally check whether formal requirements were met, whether the landlord has legitimate interests and whether deadlines were observed. If the eviction reasons are unclear, tenants should document the notice carefully and respond in time.^[2]

Maintenance and repair obligations

Under tenancy law principles, the landlord is obliged to keep the rental property in a usable condition. This concerns heating, water pipes, electrical systems and structural defects; minor maintenance may be contractually settled differently. If the landlord does not respond, the tenant may be entitled to remedy or to a rent reduction depending on the severity of the defect.

• Report defects in writing (deadline) and set a reasonable timeframe.
• Contact the landlord to request repairs and refer to the maintenance duty (repair).
• Collect evidence: photos, documents and payment records (record).
• If problems persist, submit a formal defect notice or involve a conciliation body (notice).

What to do in case of eviction?

If an eviction is threatened, deadlines and formal service are decisive. Check the reasons for eviction, document belongings and rent payments and seek legal advice before reacting. In a court eviction there is often the possibility of an extension or an amicable settlement; acting quickly protects your rights.

• Check the eviction reason and lawful service of notice (court).
• Contact advisory services or legal counsel (contact).
• Plan the move and secure documents in case an eviction is enforced (move-out).

FAQ

When am I protected from eviction as a tenant?

Protection exists if the tenancy falls under the MRG or if there are formal defects in the eviction notice; specifics vary and require review.

Who pays for repairs?

Major maintenance and repairs are generally the landlord's responsibility; minor upkeep may be arranged in the contract.

What can I do if the landlord does not respond?

Document defects, set a deadline, send a formal defect notice and consider legal measures if necessary.

How-To

1. Document defects comprehensively with dates, photos and witnesses (record).
2. Inform the landlord in writing and request repairs within a deadline (notice).
3. Set a reasonable deadline for remedy and keep proof (deadline).
4. Consider whether court action or an application at the district court is necessary (court).

Key Takeaways

• Landlords must fix essential defects.
• Good documentation is critical to enforce rights.
• In eviction cases check deadlines and formalities immediately.

Help and Support / Resources

• MRG and statutes on RIS
• Court procedure information on Justiz.gv.at
• Forms and e‑services on JustizOnline

1. [1] MRG §3 in the RIS
2. [2] Eviction information on Justiz.gv.at