How Tenants Should Give Notice in Austria
As a tenant in Austria, giving notice of your rental agreement correctly and on time is essential to avoid unnecessary costs or legal issues. Many tenants make mistakes with format, delivery, or deadlines; this guide explains clearly and practically what to watch for, which documents are important, and how to secure evidence. We cover common pitfalls such as unclear reasons for termination, wrong addresses and incorrect deadline calculations, and give concrete steps on how to collect evidence and prepare a legally sound notice. If you are unsure which deadline applies or how the notice must be delivered, you can find concrete guidance and templates in the official legal sources and at the district courts.[1]
Important Deadlines When Giving Notice
Correct calculation of the notice period is central. Check the rental agreement first: it often states whether agreed deadlines apply or whether the Tenancy Law (MRG) is applicable.[1]
- Ordinary notice periods: Observe the contractually or legally set minimum deadlines.
- Special deadlines for fixed-term contracts: Different rules may apply at the end of the fixed term.
- Start of the deadline: Clarify when the notice period begins (e.g. end of the month or first of the month).
Form and Delivery
A properly formatted notice protects against rejection by the landlord. Clearly state date, address and signature on the notice and document the delivery.
- Written form: Phrases should be unambiguous and contain all data.
- Proof of delivery: Send the notice by registered mail with return receipt or hand it over against a receipt.
- Documentation: Keep copies, photos and delivery confirmations.
Typical Mistakes to Avoid
- Incorrect deadline calculation: Pay attention to the start and end of the period.
- Unclear addressing: Give notice to the correct landlord address as stated in the contract.
- Missing evidence: Failing to collect proof of delivery.
How to Secure Evidence and Avoid Disputes
Collect all relevant documents: contract, previous letters, payment receipts and photos of the property condition. If possible, send the notice in a way that creates proof of receipt. If you are unsure about form or deadline, a brief legal consultation can help.[2]
FAQ
- Which notice period applies to my rental agreement?
- The period depends on the rental contract and the MRG; check both and calculate deadlines from the correct starting point.
- How should I deliver the notice?
- The safest methods are registered mail with return receipt or personal handover against a receipt; always document date and recipient.
- What if the landlord does not accept the notice?
- Keep all evidence and consider seeking legal help or contacting the district court.
How-To
- Check contract and law first, for example the MRG.[1]
- Draft the notice in writing with all relevant details (date, address, signature).
- Choose a verifiable delivery method (registered mail, return receipt or personal handover).
- Keep copies and delivery confirmations in a safe place.
Key Takeaways
- Check deadlines carefully before giving notice.
- Form and delivery often determine the effectiveness of the notice.
- Documentation protects you in later disputes.
Help and Support / Resources
- [1] RIS - Legal Information System of the Federal Government
- [2] JustizOnline - Forms and Procedures
- [3] Justice - Information about Courts
