Fixed-term Tenancy in Austria: Tenant Rights
As a tenant in Austria you may encounter fixed-term tenancy agreements and wonder what rights and obligations follow. This article explains clearly when a fixed term is permitted, which deadlines apply and how to respond to unfair or defective clauses. You will learn which formalities the lease should include, when an extension is possible and which steps to take for termination or eviction. Practical tips show how to report defects, secure evidence and meet deadlines. The aim is to give you concrete actions so you can represent your interests confidently with the landlord. If needed we name contact points and model wording for letters to the landlord.
When are fixed-term tenancy agreements permitted?
Fixed terms are permitted under the Mietrechtsgesetz (MRG) only in certain cases; a mere date is not always sufficient. Read the clause carefully and check whether a factual reason is stated, such as renovation, owner occupancy or an interim solution. [1]
Fixed terms without a factual reason can often be invalid.
Common reasons for a fixed term
- Fixed term due to planned renovation or owner occupancy.
- Fixed term as an interim tenancy (e.g. for a stay abroad).
- Fixed term for temporary professional use.
Formal requirements in the lease
The contract should clearly specify the duration, the rent, termination arrangements and rules on the deposit and return of the property.
Keep a signed copy of the lease in a safe place.
- Clear start and end dates of the tenancy.
- Rent and payment dates set in writing.
- Termination deadlines and extension rules.
- Deposit amount and repayment conditions.
- Rules on defects and repairs.
What to do at the end of the fixed term or if the fixed term is invalid?
First check whether the fixed term is formally correct and substantively valid. Document the condition of the apartment, report defects in writing and, if necessary, request a written clarification from the landlord. In case of disputes, proceedings are possible at the district court, where many tenancy issues are decided. [2]
- Document defects with photos and a written defect notice.
- Request written information or a deadline from the landlord.
- Consider legal action and collect all evidence.
Respond to letters within deadlines, otherwise claims can be lost.
For court procedures and forms you can use JustizOnline. [3]
Early action and complete documentation increase your chances of success.
FAQ
- Can a fixed-term tenancy be terminated early?
- An early termination is only possible if it is contractually agreed or in case of special reasons such as serious breaches of contract.
- Which deadlines apply to fixed-term contracts?
- Deadlines are set out in the lease; statutory rules of the MRG can impose deadlines and formal requirements.
- What can I do if defects occur?
- Report defects immediately in writing, set deadlines for remedy and collect evidence; consider a rent reduction if defects are not remedied.
How-To
- Read the lease carefully and mark the fixed-term clauses.
- Document condition and defects with photos and messages to the landlord.
- Set a reasonable deadline for remedying defects and request written confirmation.
- If needed, seek legal advice and consider filing a claim at the district court.
Key takeaways
- Fixed terms usually require a factual reason.
- Documentation and meeting deadlines are essential.
- Use official channels for forms and advice.
Help and Support / Resources
- [1] RIS b3 Legal Information System of the Federal Government
- [2] Justiz.gv.at b3 Information on Courts
- [3] JustizOnline b3 Electronic Procedures and Forms
