Landlord Entering Apartment: Tenant Rights in Austria
Tenants in Austria often wonder if and when a landlord may enter the apartment. This text explains, in clear and understandable language, the legal basis under Austrian tenancy law, typical reasons for entry, required advance notices and the main exceptions such as emergencies. You will learn which timeframes apply, how to protect your privacy and which steps are possible if the entry appears unlawful. In addition, you will find guidance on documentation, communicating with the landlord and contacting competent authorities such as the district court or tenant protection organizations if an amicable solution is not possible.
When may the landlord enter the apartment?
As a rule: the landlord needs a legal basis or the tenant's consent to enter the apartment. Without an emergency or agreement, unannounced entry is usually not permitted. Specific rules are derived from the Mietrechtsgesetz (MRG) and supplementary provisions of the ABGB.[1][2]
Typical legitimate reasons for entry
- Urgent repairs (repair)
- Immediate danger / emergencies (safety)
- Agreed viewing appointments (appointment)
- Key handover on move-out (move-out)
- Meter readings or brief inspections (inspect)
In all cases: advance notice and a reasonable time window are customary, unless there is an immediate emergency.
Form and timeframes
There is no uniform statutory form requirement for every notification; written notices are recommended to avoid evidentiary gaps. For planned viewings the landlord should give timely notice and arrange a reasonable appointment.
What can tenants do if the entry was unlawful?
If you suspect the landlord has entered unlawfully, collect evidence: photos, witnesses, times and written communication. Demand in writing that the landlord refrain from further entries and point out your privacy rights. If entries repeat or are severe, you may consider legal action and, if necessary, involve the district court.
FAQ
- May the landlord enter without notice?
- Only in acute emergencies such as fire, burst pipes or imminent danger is immediate entry generally allowed.
- How much advance notice is required?
- There is no single statutory period; common practice is reasonable advance notice of a few days for viewings.
- What evidence helps in a dispute?
- Photos, timestamps, written messages, witness statements and entries in an apartment log are helpful.
How-To
- Document every incident in detail (evidence).
- Send the landlord a written demand to cease entry (notice).
- Set reasonable deadlines for response and preserve deadlines (deadline).
- Contact tenant protection organizations or advisory services for support (contact).
- If necessary: sue at the competent district court or request protective measures (court).
Help and Support
- RIS — Legal Information System of the Republic of Austria
- Justiz.gv.at — Information on procedures
- JustizOnline — Court forms
