Noise as Cause for Tenant Eviction in Austria
If excessive noise reduces your quality of living, you have certain rights as a tenant in Austria. This guide explains step by step how to document noise, inform the landlord and which legal foundations apply in persistent disturbances. It is aimed at tenants without legal expertise and shows practical steps for securing evidence, communication and, if necessary, taking court action. The goal is to give you clear options so problems can be resolved quickly and fairly.
What counts as disturbing noise?
Disturbing noise includes repeated or continuous sounds that go beyond normal residential levels, for example loud music at night, frequent parties or ongoing construction noise outside agreed times. The key question is whether the use of the apartment is significantly impaired by the noise source.
Step 1: Collect evidence
- Record date, time and duration of each disturbance.
- Make audio or video recordings when possible with timestamps.
- Keep a noise log with names of witnesses and their contact details.
Step 2: Inform the landlord
Contact the landlord in writing, describe the disturbances and attach your evidence. Demand that the noise be stopped and set a reasonable deadline. Keep a copy of the letter or email.
What to include in the letter
- Describe the disturbances briefly and factually.
- Specify concrete measures and a deadline for remedy.
Step 3: Responses and next steps
If the landlord does not respond or the response is insufficient, the next step is to contact the district authorities or the district court. In serious cases, an injunction or termination by the landlord may be relevant; check your rights under the Mietrechtsgesetz (MRG).[1]
FAQ
- Can noise alone lead to termination of the tenancy?
- Yes, if the tenant's use of the apartment is sustainably and significantly impaired, this can justify termination; each case depends on the specific circumstances.
- Which evidence is strongest?
- Consistent noise logs, timestamped recordings and written witness statements are particularly persuasive.
- Where can I turn if the landlord does not help?
- Contact the competent district court or use official information sites for tenancy issues.
How-To
- Start a noise log: date, time, duration and type of disturbance.
- Gather evidence: audio/video recordings and witness information.
- Write a formal complaint to the landlord and set a deadline for remedy.
- If no improvement, consider a formal demand via a lawyer or mediation body.
- As a last step, consider legal action at the district court and keep records of all prior steps.
Key Points
- Keep all messages and evidence organized and secure.
- Attempt early dialogue before escalation becomes necessary.
Help and Support / Resources
- [1] RIS: Legal Information System of the Republic of Austria
- [2] Justiz.gv.at: Information on courts and procedures
