Can I remain in the apartment despite a termination?

As long as there is no final eviction order, there is usually no immediate obligation to move out; continue to pay rent and document payments.

Which deadlines do I have to observe?

Deadlines depend on the reason for termination and contract type; missed deadlines can lead to legal disadvantages, so check the written service of the termination carefully.

Where can I turn for help?

Seek advice from a local tenant association or a lawyer; official legal sources provide information on procedures and forms.

Invalid Eviction: Tenant Rights in Austria

Landlord termination, protection & eviction 2 min read · published September 10, 2025

When is a termination invalid?

A termination can be invalid if formal requirements or legal grounds are missing, for example violations of the Tenancy Law (MRG) or if the notice period was not observed. Always check written reasons and the contract terms, because not every termination automatically leads to eviction. In case of uncertainty, official legal sources and court procedures are decisive.^[1]

In most cases, the Tenancy Law protects tenants against formal or deadline-related invalid terminations.

First steps after receiving the termination

Proceed in a structured way: stay calm, read the termination fully and note dates, deadlines and all stated reasons. Document date and method of delivery and collect all relevant documents and communication with the landlord.

Check deadlines and note date of delivery
Continue paying rent and keep payment proofs
Object in writing and prove receipt
Collect evidence: photos, messages and witnesses
Seek advice from tenant association or legal counsel

Respond in writing and respect deadlines to avoid losing rights.

Legal steps and court

If the termination persists, judicial clarification may be necessary. Termination proceedings are usually handled by the district court; there deadlines, formal errors and termination reasons are examined. For judicial terminations, specific formalities and service are important. Get informed early about the process and possible applications.

Documentation increases your chances of success in proceedings.

FAQ

Can I remain in the apartment despite a termination?: As long as there is no final eviction order, there is usually no immediate obligation to move out; continue to pay rent and document payments.
Which deadlines do I have to observe?: Deadlines depend on the reason for termination and contract type; missed deadlines can lead to legal disadvantages, so check the written service of the termination carefully.
Where can I turn for help?: Seek advice from a local tenant association or a lawyer; official legal sources provide information on procedures and forms.^[2]

How-To

Check deadlines and note relevant parts of the termination
Keep paying rent and preserve receipts
Object in writing, confirm receipt and set a deadline
Get advice from a tenant association or lawyer
If necessary, file a claim at the district court and attach documents

Help and Support

Categories

Tenant rights & basic protections (MRG) Lease types (fixed/indefinite, main/sublet) Deposit & blocked account Rent & increases (reference rent, categories, form) Service charges & settlements Maintenance & repair duties (MRG §3) Renovations, upgrades & compensation Tenant termination (notice, handover) Landlord termination, protection & eviction Check-in/out (inspection, keys, meters) House rules, quiet hours, neighbours & pets Privacy & access (viewings, locks) Discrimination & equal treatment Accessibility & reasonable adjustments Municipal & cooperative housing Housing allowance & benefits Dispute resolution (incl. rent reduction) Registration & authorities Insurance & tenant liability Energy, heating & hot water Dwelling quality & health Subletting, flat-sharing & co-tenancy Student housing Data protection & screening (FADP/GDPR) Short-term/holiday letting (Airbnb) Templates & model letters Home safety (fire, CO, gas)