Fixed-term vs Open Tenancy (MRG): Tenant Rights Austria
What distinguishes open-ended and fixed-term tenancy agreements?
Open-ended contracts continue until one party terminates; fixed-term contracts end on the agreed date. The Mietrechtsgesetz (MRG) regulates which forms are permitted and which protections apply[1]. For fixed-term contracts there are exceptions, such as transitional agreements or special contractual provisions.
Notice protection, deadlines and first steps
Open-ended contracts often have stronger protections against termination and longer notice periods. For fixed-term contracts early termination is only possible in certain cases. Pay attention to formal requirements: form, service and deadlines often determine your rights.
- Observe deadlines: Respond within the specified timeframes.
- Reply to notices: Send a written statement if necessary.
- Continue paying rent: Pay until the matter is resolved to avoid claims.
- Document everything: Collect correspondence, photos and witness statements.
Repairs, defects and rent reductions
Landlords must maintain the apartment in a usable condition. Tenants should report defects in writing and set a reasonable deadline for repairs. For serious or persistent defects, rent reduction or remediation by a third party may be considered.
- Report defects in writing: Describe defect, date and desired repair date.
- Set a deadline: Specify a clear reasonable deadline for repair.
- Consider rent reduction: For substantial impairments rent can be reduced.
- Secure evidence: Photos, records and witnesses are important for later claims.
If the landlord does not respond
If the landlord does not act despite the deadline, you can take measures yourself or initiate legal proceedings. Often a written reminder and contacting a tenant advice center or legal counsel is sensible. For court proceedings the district court is competent; procedures and forms are officially regulated[2].
- Seek advice: Contact advisory services or a lawyer specializing in tenancy law.
- Legal action: File claims at the district court if out-of-court solutions fail.
Frequently Asked Questions
- Can a fixed-term lease be terminated early?
- An early termination is only possible if contractually agreed or if a legal reason exists (e.g. serious breach of contract); otherwise the contract ends on the agreed date.
- When can the landlord increase the rent?
- Rent increases must be legally permissible (index rent, graduated rent or contractually agreed adjustments) and properly justified; if in doubt check the evidence and deadlines.
- What deadlines apply to defects?
- Give the landlord a reasonable deadline for remediation; depending on the defect this is often 14 to 30 days, shorter for urgent issues (e.g. heating failure in winter).
How-To
- Document the defect: Take photos, note the date and affected rooms.
- Inform the landlord in writing: State the defect, deadline and desired remedy.
- Set a deadline: Agree a clear period for repair.
- If no response, consider rent reduction or remediation and notify the landlord.
- If dispute persists, consider court action and submit documents to the district court.
Key Takeaways
- Deadlines are crucial and should be documented in writing.
- Collect evidence: photos, messages and records.
- Seek advice early if unsure.
Help and Support / Resources
- RIS: Legal Information System of Austria
- Justiz.gv.at: Court information
- JustizOnline: Forms and e-Services
