Eviction & Termination: Tenant Rights in Austria

Tenants in Austria often face many questions when a landlord issues a termination or eviction is threatened. This guide explains in plain language which deadlines apply, how to use tenant protections and which documents are important. It is aimed at tenants without legal expertise and shows concrete first steps: check deadlines, gather documents, respond in time and seek support if needed. You will learn when a court can be involved and which official contacts can help. Pay attention to deadlines and records, because well-documented payments and messages increase your chances in a dispute^[1].

What does a landlord termination mean?

A termination by the landlord ends the tenancy after the expiry of a notice period. Reasons, form and deadlines vary depending on the lease and legal situation. An unjustified claim for eviction does not have to be implemented immediately; a court decision is often required. Check the letter carefully and note the delivery date and content.

Which deadlines and protections exist?

There are statutory deadlines and special protection rules for certain tenant groups. Note that contractual notice periods are not always allowed to be shorter than statutory minimum periods. Some terminations require special formalities. If you react within the deadline, your rights are usually preserved.

• Check deadlines: expiry date of the termination, objection periods and possible eviction dates.
• Collect documents: lease, payment receipts, correspondence and photos of condition.
• Check form: Is the termination in writing and served according to legal requirements?
• Seek contact: inform landlord, tenant protection office or advisory services.

Concrete steps before an eviction

If eviction is threatened, a structured approach helps: gather evidence, contact advisory services and explore options for an out-of-court agreement. An application or lawsuit can provide relief or modification. Keep all payment records and document conversations in writing.

When is the court involved?

In disputed terminations, the district court usually decides; claims for termination or eviction are heard there^[2]. Objections, applications for postponement and eviction lawsuits are handled by the courts. Observe procedural deadlines and required evidence for your case.

Frequently Asked Questions

Can the landlord terminate at any time?

No. Reasons and notice periods are regulated by law and contract; arbitrary terminations are not permitted.

Which documents help me in court?

Lease agreement, payment receipts, correspondence, photos of the apartment condition and witness statements are key evidence.

Where do I apply for postponement or file an objection?

Objections and applications are filed at the competent district court; legal advice from tenant protection organizations is recommended^[2].

How-To

1. Check the deadline: note the delivery date and calculate the legal response period.
2. Gather evidence: secure lease, bank receipts, photos and correspondence.
3. Respond in writing: lodge an objection or request an explanation and keep a copy.
4. Get advice: contact a tenant protection office or legal counsel for concrete steps.
5. Court steps: if necessary, prepare and file a lawsuit or application at the district court.

Key Points

• Documentation is often decisive: keep complete records of payments and communications.
• Take deadlines seriously: missing them often results in losing rights.

Help and Support / Resources

• Advice and court information (justiz.gv.at)
• Laws and MRG (ris.bka.gv.at)
• JustizOnline forms and e-services (justizonline.gv.at)

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at: Information on judicial authorities
3. [3] JustizOnline: e-forms and court filings