Protection for Tenants: Illness & Pregnancy in Austria
Many tenants in Austria wonder whether they are protected from eviction during prolonged illness or pregnancy. This text explains in plain language which legal protections and obligations apply, which deadlines matter, and how tenants can enforce their rights. We cover when evictions may be unlawful, what obligations landlords have under the Mietrechtsgesetz (MRG) and which documents are useful as evidence. The guidance is aimed at tenants without legal training and shows practical steps such as documentation, communication with the landlord and, if necessary, court options. At the end you will find an FAQ and a short guide on how to proceed.[1] Read on for concrete tips.
When does eviction protection apply?
In general, special protection provisions may apply if an eviction is related to illness or pregnancy. In some cases eviction due to temporary incapacity or maternity protection provisions is unlawful. The circumstances, the duration of the illness and whether the eviction is connected to the health condition are decisive. If in doubt, react quickly, observe deadlines and secure evidence. District courts are often responsible for court steps and early legal advice is recommended.[2]
Rights in case of illness or pregnancy
Tenants have several protection and information rights; important are the landlord's obligations:
- The landlord must ensure necessary repairs and habitability (repair).
- Tenants should collect evidence: medical reports, sick notes and photos as evidence.
- Formal notices to the landlord should be documented and, if possible, delivered as form.
- For questions use advisory services or contact (contact) tenant legal aid.
It is important that periods of illness alone do not automatically guarantee eviction protection; much depends on the individual case. Document appointments, communications and any deterioration of living conditions.
Guide: What you can do
If you suspect an eviction is related to illness or pregnancy, follow these steps:
- Collect medical evidence and documents (evidence), such as doctor letters and sick notes.
- Inform the landlord in writing and submit relevant documents as form and keep proof.
- Report necessary repairs promptly to prevent deterioration of living quality (repair).
- Contact tenant advice or legal counsel for an initial assessment (contact).
- If necessary, prepare documents to initiate court proceedings (court).
Frequently Asked Questions
- Is eviction protection automatic during illness?
- No. Illness alone does not guarantee automatic protection; the connection to the eviction and the duration matter. Documentation helps.
- Does pregnancy always protect against eviction?
- Pregnant tenants have special protection under employment and social law; in tenancy law the situation depends on the individual case and possible discrimination.
- What can I do if the landlord evicts me?
- Check the eviction, collect evidence, contact advice and respond within the deadlines.
How-To
- Gather all relevant documents: medical reports, sick notes, correspondence.
- Send a formal notice to the landlord and keep proof of delivery (form).
- Contact a tenant advice center or legal office for an initial assessment (contact).
- If necessary, prepare documents to initiate legal proceedings (court).
- Consider negotiating an amicable solution with the landlord before starting proceedings (approved).
Help and Support / Resources
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justice - Information on court procedures
- [3] JustizOnline - Forms and electronic service
