Landlord Entry: Tenant Rights in Austria
Many tenants in Austria are unsure when the landlord may enter the apartment. This text explains in simple language which rights and obligations tenants and landlords have under the rental contract and the MRG, which deadlines apply and which typical mistakes occur during viewings, repair appointments or key handovers. You will learn how to respond in time, collect evidence and which wordings are important in a written request. Practical steps help avoid disputes or respond correctly to unlawful entry. This guidance is general and does not replace individual legal advice, but it shows concrete measures for tenants in Austria.
What landlords may do
The landlord may only enter the apartment in certain situations, for example for necessary repairs or in case of imminent danger. Rights are based on the rental contract and the Tenancy Act (MRG).[1]
When entry is allowed
- Repairs (repair): when urgent work requires access to the apartment.
- Viewings (notice): after timely notice and coordination.
- Imminent danger (privacy): in case of acute danger to people or the building.
Typical landlord mistakes
- Entering without notice (notice) or the tenant's permission.
- No documentation (record) of time and reason for entry.
- Interference with private areas or taking photos without consent (privacy).
Tenant rights and duties
As a tenant, you should review access requests, observe deadlines and, if necessary, object in writing. If in doubt, the district court can provide guidance.[2]
- Document (record) every contact and collect photos or witnesses.
- Request written notices and keep messages.
- For persistent problems consider legal action (court).
Frequently Asked Questions
- May the landlord enter at any time without notice?
- No. The landlord generally needs a reason and must give timely notice, except in cases of imminent danger.[1]
- What can I do if the landlord entered unlawfully?
- Document the incident, inform the landlord in writing and consider legal action at the district court.[2]
- Which forms or deadlines are important?
- For judicial terminations or applications use the JustizOnline forms and observe deadlines under the ZPO and MRG.[3]
How-To
- Step 1: Document the incident and secure evidence (photos, witnesses).
- Step 2: Request the landlord in writing and set a deadline (notice).
- Step 3: Wait for the deadline and, if necessary, file an objection or complaint.
- Step 4: If escalated, inform the district court and use JustizOnline forms (court).
Help and Support
- RIS: Tenancy Act (MRG) and legal information
- Justice: Information on courts
- JustizOnline: Forms and submissions
