Eviction & Tenant Rights in Austria

Maintenance & repair duties (MRG §3) 2 min read · published September 10, 2025

As a tenant in Austria, eviction, being forced out, or unresolved repairs can be very stressful. This text clearly explains what rights you have in case of eviction, how to defend against unlawful eviction and which landlord duties under the Tenancy Act (MRG) apply to maintenance and repairs[1]. You will get practical steps on deadlines, evidence gathering, communication with the landlord and when a trip to the district court is sensible. We also explain how to document rent payments, deposits and utility costs correctly, what to do in case of heating failure or water damage and which forms or deadlines are important in court procedures. This helps you meet deadlines and enforce your rights in Austria.

What to do after a termination

First check the notice period and the reason for termination. Archive any written notice, note the deadline and submit a written objection if you doubt the legality.

Respond in writing and keep copies.

Immediate actions

  • Check deadlines and submit a written objection
  • Continue paying rent unless a court rules otherwise
  • Secure photos, messages and invoices as evidence
  • Contact advisory services or tenant protection organizations
Detailed documentation increases your chances of success in disputes.

Repairs & defects

Under the MRG the landlord has maintenance and repair obligations to keep the dwelling habitable[1]. Report defects in writing, set a reasonable deadline for repair and document damages with photos and invoices.

Tenants are entitled to a habitable dwelling.

Court steps

If an out-of-court agreement is not possible, a claim can be filed at the district court. For judicial terminations and e-forms use the official justice services[2] and observe procedure deadlines.

Respond to court communications within deadlines to avoid losing rights.

FAQ

Can a landlord terminate without giving reasons?
Some tenancy agreements require a legal or contractual reason for termination; check your contract and seek legal advice.
Do I have to keep paying rent if the landlord terminates?
Yes, you generally must continue paying rent until the tenancy is legally ended, unless a court decides otherwise.
What happens if the landlord does not carry out repairs?
You can request repair in writing, set a deadline and, if inactivity continues, claim compensation or reduce rent.

How-To

  1. Check deadline and reason for termination and note relevant dates
  2. Gather evidence: photos, messages and payment receipts
  3. Send written objection to the landlord and document the dispatch
  4. Obtain advice from a tenant association or legal representation
  5. File a claim at the district court if necessary and observe deadlines

Key Takeaways

  • Document all communications and damages as evidence.
  • Observe deadlines strictly, especially for court communications.
  • Seek professional advice early for tenancy disputes.

Help and Support


  1. [1] RIS - Tenancy Act (MRG)
  2. [2] JustizOnline - Judicial termination
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Austria

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.