Notice Periods for Tenants in Austria
As a tenant in Austria, a landlord's notice can raise many questions and concerns. This section clearly explains which statutory deadlines under the Mietrechtsgesetz (MRG) apply, which reasons may justify termination, and how you as a tenant should respond. You will learn which dates to watch, how a valid notice must look, and what steps are possible if you object or eviction is threatened. Practical advice helps you meet deadlines, gather documents and seek help in time. The goal is to provide understandable guidance to non‑legal readers so you know your rights and can act confidently. Contact tenant advisory services in good time.
Which reasons allow termination?
The Mietrechtsgesetz distinguishes between different reasons that may allow a landlord to terminate. Typical reasons include serious contractual breaches, prolonged rent arrears or legitimate owner occupation. Each case must be examined individually; check the notice for form and justification and note the date and method of service.[1]
- Non‑payment of rent over an extended period
- Repeated and serious breaches of contract (e.g. unauthorized subletting)
- Owner move‑in or planned demolition/redevelopment
- Endangering the property or serious violations of house rules
Deadlines and formal requirements
For a notice to be effective, both deadlines and formal requirements are decisive. A written notice with a clear justification and proof of delivery is usually required. Deadlines depend on the contract type and the kind of termination; fixed‑term contracts often end automatically, ordinary terminations follow defined notice periods.
- Check the contract start date and when the notice period begins
- Observe statutory deadlines and any possible extensions
- Request a written justification and proof of delivery from the landlord
What can tenants do?
If you receive a notice, quick and systematic steps are important. Gather all relevant documents (rental agreement, payment receipts, correspondence) and document deliveries and dates. Check whether the notice is formally correct and whether objection or delay is possible.
- Collect rental agreements, payment receipts and correspondence
- Check the landlord's stated reason and applicable deadlines
- Contact tenant advisory services or legal counsel
- Prepare documents for possible court proceedings
FAQ
- Can a landlord immediately terminate if I am behind on rent?
- Not always immediately; in many cases reminders or formal notices are required. However, prolonged, significant rent arrears can justify extraordinary termination.
- How must a notice be served to be effective?
- A notice should be in writing and delivered with proof, e.g. by registered mail or personal handover with acknowledgment of receipt.
- Where can I turn if I want to challenge the notice?
- Contact your local tenant advisory service or the district court; many procedures begin with a complaint or filing at the district court.[2]
How‑to
- Read the notice carefully and note the date of service.
- Check formal requirements and the stated deadline.
- Gather all relevant documents such as the lease and payment proofs.
- Contact tenant advice or a lawyer to assess objection or litigation options.
- If needed, submit documents to the court or use JustizOnline forms.[3]
Help and Support
- RIS: Republic of Austria — Legal Information System
- Justice: Information on courts and procedures
- JustizOnline: Forms and electronic submissions