Landlord Viewings: Tenant Rights in Austria
As a tenant in Austria you may often wonder if and when a landlord can conduct viewings — for re-renting or sale. This article explains your rights and duties clearly and practically: when you must grant access, which deadlines apply, how privacy and viewing appointments are regulated, and which records are useful. You will receive concrete action steps on how to refuse appointments or agree conditions, and what options exist in case of unauthorized visits. The guidance refers to Austrian tenancy law and typical court practice so you as a tenant are better prepared and can avoid conflicts. At the end you will also find templates for short replies and tips on how to document photos and appointments.
Legal basis
The Mietrechtsgesetz (MRG) and general contract law provisions determine tenant and landlord rights regarding entry to the dwelling.[1] In principle: the landlord needs a legitimate reason for viewings and must announce appointments in advance. Without agreement there is no general obligation to tolerate unrestricted visits.
When can the landlord hold viewings?
Typical, often permissible reasons include viewings for re-renting, property sale viewings, or inspections before handing over keys. Notice, reasonable timing and proportionality are important.
- Announce appointments in advance and state date/time
- Enter only agreed rooms; private areas must be respected
- Announce accompanying persons or agents if applicable
Privacy and limits
Your home is private living space. Persistent or repeated disturbances are not permitted. The landlord may not search personal items or remove them without consent.
- Personal areas and locked rooms remain off-limits
- No unannounced or nighttime visits without emergency
- Confirm agreed conditions in writing
Documentation and evidence
Document appointments, announcements, participants and any irregularities. Photos, timestamps and short notes increase your evidential strength.
- Take photos showing presence, condition and time
- Create a short protocol or witness note
- Keep written correspondence (email, SMS, letters)
What to do for unauthorized visits?
Address the matter calmly, document the incident and request in writing that the landlord cease such behavior. Repeated or threatening visits may justify civil action before the district court.[2]
FAQ
- Must I allow viewings?
- You do not have to allow viewings without restriction. With legitimate interest and reasonable notice, however, tolerance is often required.
- What notice period is usual?
- There is no legally fixed period for all cases; common notice is several days; what is "reasonable" depends on the reason and time of day.
- Can I refuse appointments?
- Yes, you can refuse unreasonable times and propose alternatives; written agreements are recommended.
How-To
- Check the announcement and note date, time and any deadlines.
- Reply briefly in writing or use a template and suggest alternative times if needed.
- Document the visit, take photos and note witnesses as evidence.
- For repeated or threatening violations, consider legal steps and contact the district court.
Help and Support
- RIS: Mietrechtsgesetz (MRG)
- JustizOnline: Forms and electronic correspondence
- Justice: Information on courts
