Eviction, Termination & Tenant Rights in Austria

As a tenant in Austria, a landlord's termination can raise questions and uncertainty. This article explains in plain language which documents you should have ready when facing termination, asserting termination protection, or in the event of an eviction. You will learn which deadlines apply, which documents serve as evidence, and how to respond correctly in formal terms. The guidance is practical and aimed at tenants without legal background. At the end you will find concrete steps on where to get forms and which authorities to contact if you need legal help. Keep all letters and payment records carefully so you can effectively defend your rights in Austria.

Which documents do I need?

If you receive a termination or face eviction, a complete file helps. Systematically collect all relevant receipts and copies so you can meet deadlines and substantiate your position.

• Tenancy agreement (document): full contract copy and annexes.
• Written termination from the landlord (notice): original or copy of the service.
• Rent payment receipts (receipt): transfers, receipts or bank statements as proof of payment.
• Correspondence with the landlord (record): emails, letters and SMS as communication evidence.
• Photos or videos of damages (photo): document date and context.
• Operating cost statements (amount): statements and proof of paid amounts.
• Handover protocols (document): move-in and move-out protocols.
• Court letters or forms (form): service certificates and complaints.

Many rules on tenancy law are found in the Mietrechtsgesetz (MRG) and the Civil Code; check the legal texts and examples if you are unsure.^[1]

Deadlines and first steps

Respond promptly to any service: check the date, note deadlines and prepare your documents in order. Some objections or applications have short deadlines; otherwise rights may be lost. For judicial terminations, special forms and deadlines must be observed.^[2]

When collecting evidence, always note date, place and participants; documenting witnesses by name increases credibility.

FAQ

What deadline do I have to respond to a termination?

Deadlines depend on the type of termination and the contract; check the letter carefully and seek legal advice if unsure.

Which documents are important in court?

Mainly the tenancy agreement, payment receipts, correspondence, photos of defects and handover protocols are relevant as evidence.

Where do I get official forms for objections?

Official forms and guidance are available from the courts and on JustizOnline; use only the official portals.

How-To

1. Immediately gather all relevant documents and create an organized file.
2. Check the termination letter for service date and deadlines.
3. Contact a local tenant protection service or legal advisor for an initial assessment.
4. Submit necessary objections or documents to the court or via JustizOnline within the deadline.^[2]

Help and Support

• [1] RIS - Legal Information System of the Republic of Austria
• [2] Justiz.gv.at - Court and procedure information
• [3] JustizOnline - electronic forms and submissions

1. [1] RIS - Mietrechtsgesetz (MRG) and related provisions
2. [2] JustizOnline - forms and submissions
3. [3] Justiz.gv.at - information on courts and procedures