Fixed-term Rental Contracts in Austria for Tenants

Many tenants in Austria sign fixed-term rental contracts without fully understanding the consequences. This practical guide explains in plain language what a fixed-term rental contract means, which notice periods apply, when an extension is possible and what rights you have in case of defects or unexpected costs. I describe how to collect evidence, serve formal letters correctly and which steps are possible in court if an agreement with the landlord cannot be reached. The aim is to give you practical steps so you can meet deadlines, keep your apartment or move out fairly. If you are unsure which contract clauses are permissible or which deadlines apply, this resource offers clear examples and links to official authorities.

What is a fixed-term rental contract?

A fixed-term rental contract ends automatically on the agreed date without the need for termination. Fixed terms are often permitted but are subject to legal limits under the Mietrechtsgesetz (MRG)^[1].

Termination and early termination

Even with fixed-term contracts there are exceptions: ordinary terminations, mutual terminations and extraordinary terminations for serious defects. In case of dispute, the district court may be required^[2]. Collect evidence and document defects promptly.

• Document photos and dates and keep them in a folder.
• Send written defect notices by registered mail and keep copies.
• Set a written deadline for repair if necessary.

Rent, deposit and operating costs

The same rules for rent and deposit apply to fixed-term contracts as to open-ended tenancies. Check promises about operating costs in the contract and request statements if unclear.

Extension and successor tenant rights

An extension must be agreed; if there is no provision, statutory rules apply. In some cases there may be a right to a replacement tenant or extension depending on contract clauses.

If a dispute arises

Try to reach an amicable agreement first. If necessary, file your case at the district court; forms are available via JustizOnline^[3]. Pay attention to deadlines under the Code of Civil Procedure (ZPO).

FAQ

Can a fixed-term rental contract be terminated early?

Yes, under certain conditions such as serious defects or if both parties agree to a mutual termination.

Do I have to move out immediately after the contract ends?

Usually yes, unless landlord and tenant agree on an extension or there are legal reasons to stay.

What deadlines apply for reporting defects?

Document defects immediately and set a reasonable deadline for remedy; specifics depend on the individual case.

How-To

1. Check the contract end date and mark relevant deadlines in your calendar.
2. Gather evidence: photos, messages, invoices.
3. Send a written defect notice with a deadline to the landlord.
4. If no agreement is possible, prepare documents for the district court and use JustizOnline.

Help and Support

• [1] RIS - Legal Information System of the Republic
• [2] Justiz.gv.at - Court information
• [3] JustizOnline - Forms and e-Services

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at - ZPO and court procedures
3. [3] JustizOnline - Electronic forms