Landlord Termination in Austria: Tenant Rights
If your landlord issues a notice of termination, tenants in Austria are protected by the Mietrechtsgesetz (MRG) and other regulations.[1] This guide explains clearly and practically which reasons for termination are permissible, which deadlines and formalities apply and what rights you have as a tenant. You will learn how to check a notice, which evidence is important, how to respond within deadlines and when to seek legal help. The aim is to present tenant rights understandably so you can act calmly and informed in case of impending eviction, contract breach or other conflicts. At the end you will find notes on authorities, deadlines and official forms to help you act purposefully.
Permissible reasons for termination under MRG
Landlords may only terminate under certain conditions. Common reasons include:
- Non-payment of rent (rent) despite reminder and clear payment demand.
- Serious breach of contract, such as persistent disturbance or unauthorized subletting (illegal).
- Owner occupancy or legitimate change of use of the property.
- Unreasonableness due to necessary renovations when statutory conditions are met (repair).
- Judicial termination after proceedings for breaches or unauthorized use.
What to do if you receive a termination?
Proceed step by step: check the form of the notice, note deadlines (deadline) and collect evidence such as payment receipts or photos. Important authorities include the local district court for proceedings and OGH case law when legality is in doubt.[2]
- Check deadlines (deadline) immediately and note the date of receipt.
- Collect evidence: payment receipts, photos, correspondence and witnesses.
- Respond in writing and documented to the landlord; request a precise justification.
- Contact tenant advice centres or legal representation if uncertain or facing short deadlines.
If deadlines are running, contact advisory services or a lawyer early. Official forms for court procedures are available online and should be submitted correctly.[3]
How-To
- Gather all relevant documents and evidence: lease, payment proofs, correspondence.
- Check the termination deadline (deadline) and note the date you received it.
- Reply formally in writing to the landlord and request a detailed justification (file).
- If necessary, file for legal protection or submit an application at the competent district court (court).
- Use tenant advice and support services to secure your next steps.
Frequently Asked Questions
- Can my landlord terminate me without reason?
- No. Under the MRG the termination must state a permissible and provable reason; arbitrary termination is not sufficient.[1]
- What deadlines apply for an eviction?
- Deadlines vary depending on the reason and contract type; check the notice carefully and respond within the stated deadlines (deadline).
- Where do I file complaints or objections?
- Rental disputes are generally handled by the local district court; information on procedures and forms is available from the courts and JustizOnline.[2]
Help and Support / Resources
- [1] RIS – Federal Law (MRG)
- [2] Justiz.gv.at – Courts and Procedures
- [3] JustizOnline – Electronic Forms
