Landlord Owner-Occupancy: Tenants' Rights in Austria
Owner-occupancy is a common reason a landlord gives to terminate a tenancy because they want to use the apartment themselves or hand it over to a family member. As a tenant in Austria you should know which deadlines apply, when an objection is possible and which evidence landlords must provide. In many cases the Tenancy Act and court decisions protect your housing situation, especially in social hardship cases.[1] This guide explains in plain language what steps you as a tenant can take: how to check deadlines, gather counterarguments and evidence, negotiate alternative solutions and, if necessary, seek legal help.
What does owner-occupancy mean?
Owner-occupancy occurs when the landlord claims the apartment for themselves, close relatives or for long-term use by third parties. Not every announced need is automatically legally valid: the landlord must present the need as serious, concrete and plausible. As a tenant you can check whether the justification is realistic and whether social hardship cases oppose it. In many cases deadlines and formal requirements are precisely regulated.
What rights do tenants have?
- Check deadlines and respond in time: notice periods depend on the length of the tenancy and contract type.
- File a formal objection: you can submit a justified objection or appeal against the termination.
- Gather evidence and documentation: collect rental agreements, payment receipts, messages and photos as proof.
- Use hardship regulations: in case of health, family or social hardships, terminations can be ineffective or mitigated.
- Legal steps and court: in disputes it may be necessary to go to the district court; check deadlines and costs beforehand.[2]
How to react to a termination for owner-occupancy?
First check formal points: was the termination delivered in writing, is the reason stated and were deadlines observed? Note the date of the letter and deadlines, and respond in writing if you want to file an objection. Collect documents that prove your particular situation, such as medical certificates or proof of family ties.
Practical steps
- Observe deadlines: act within the stated deadlines and apply for extension or deferral if necessary.
- Submit a formal objection: formulate briefly and factually why the termination is unjustified.
- Attach evidence: include copies of the lease, payment receipts and medical certificates with your objection.
- Seek advice: contact legal advice or tenant associations and check whether court action is necessary.
FAQ
- Can my landlord terminate because of owner-occupancy?
- Yes, owner-occupancy is a permissible ground for termination if it is seriously and concretely justified. However, you can file an objection and claim social hardships.
- What notice periods apply for an owner-occupancy termination?
- The notice periods depend on the duration of the contract and type of tenancy; check your contract carefully and act promptly.
- Do I have to vacate the apartment immediately?
- No, notice periods usually apply. If the termination is unlawful you can take action to prevent eviction.
How-To
- Check the notice: examine the termination letter for formal errors and note deadlines.
- Draft an objection: prepare a written objection and clearly state your reasons.
- Collect evidence: compile all relevant documents and attach them to the objection.
- Get legal advice: contact legal assistance or tenant organizations; assess whether a district court application is needed.
Help & Support
- [1] RIS - Legal Information System of the Republic
- [2] Federal Ministry of Justice (justiz.gv.at)
- [3] JustizOnline - eForms and Services
