Request Eviction Stay: Tenant Rights in Austria
If you face eviction in Austria, it is possible to request a stay of eviction from the court or landlord. This protects tenants from sudden loss of housing, gives time to find alternatives and to review legal remedies. In many cases deadlines, formal statements and evidence are decisive: those who act on time and submit proof such as rent payments, correspondence and photos increase their chances. This page explains in clear language which conditions apply, how to file an application, which deadlines to watch and what support is available in Austria. The aim is that you as a tenant know your rights and can take concrete next steps safely.
What is an eviction stay?
An eviction stay means the actual enforcement of an eviction is paused for a limited time. Such a stay can be granted by the court or arise from an agreement with the landlord; in both cases tenant rights and legal rules play a role[1].
When can tenants request a stay?
- When eviction is scheduled within a few days and time is needed for alternatives.
- When rent arrears exist but payments or instalments can be proven.
- When serious defects or ongoing repairs are mitigating circumstances.
- When formal termination or eviction notices have been served and deadlines must be checked.
How to file the application?
The application for a stay must be clearly justified and supported by evidence. Often an informal application to the competent district court or a written agreement with the landlord suffices; in many cases it is necessary to file an application with the court or to file opposition to the eviction. State all relevant facts, attach payment evidence and, if applicable, propose a realistic timeframe for vacating or resolving the issue.
FAQ
- Can the landlord evict me immediately?
- No. Immediate eviction is only possible after a court decision and enforcement by bailiffs; there are usually deadlines and possibilities to request a stay or to lodge remedies[2].
- Which deadlines do I need to watch?
- Deadlines depend on the specific notice: there are often short periods for appeals and further enforcement dates. Act immediately, check deadlines on the notice and, if necessary, file a stay application without delay.
- Do I need a lawyer to get a stay?
- No, a lawyer is not strictly required. However, legal advice can be useful in complex cases or when deadlines are tight.
How-To
- Collect all evidence (payment receipts, correspondence, photos) and file them chronologically.
- Draft a written application for a stay with a clear justification and attach the collected evidence.
- Submit the application to the competent district court or present it to the responsible clerk.
- Contact advisory centres, social services or tenant associations for support.
- Prepare a fallback option (moving, temporary accommodation) in case the stay is not granted.
Key Takeaways
- Respond immediately to notices and check deadlines carefully.
- Documentation and evidence significantly improve prospects.
- Seek help early from advisory services or tenant organisations.
Help and Support
- Mietrechtsgesetz (MRG) – RIS
- Information on court procedures – Justiz.gv.at
- Forms and e‑Services – JustizOnline
