Request Eviction Stay for Tenants in Austria

As a tenant in Austria, an eviction threat can be very stressful. If you want to request a stay of eviction, a complete, well-organized file of documents is crucial: tenancy agreement, proof of payments, correspondence with the landlord, medical certificates or evidence of repair and maintenance issues, and photos as evidence. The court and district court expect clear proof of reasons for a stay, such as illness, lack of alternative housing, or ongoing legal proceedings. This guide explains which documents are typically required, how to respect deadlines, and how to correctly submit formal applications. Keep copies and seek legal advice in time if you are unsure about deadlines or forms. Many district courts provide information and forms online, and social agencies or tenant associations can help with preparation.

Welche Unterlagen sind wichtig?

• document Tenancy agreement in copy (all pages and amendments).
• rent Proofs of payment: bank statements, transfers, receipts for rent payments.
• document Correspondence with the landlord, emails, registered letters and reminders.
• repair Evidence of repairs and maintenance, invoices and photos of defects.
• document Medical certificates or attestations if health is a reason for the stay.

Wie reiche ich den Antrag ein?

You submit the application for a stay of eviction in writing to the competent district court or as an electronic filing via JustizOnline, depending on the court's requirements^[2][3]. Include a clear explanation of why a stay is necessary and number all supporting documents. Refer to relevant legal bases if known, and attach medical or other evidence. Indicate whether parallel applications are being considered by social services or for temporary housing assistance.

Formales & Fristen

• deadline Pay attention to deadlines stated in the eviction notice and by the court.
• form Submit the application in writing and, if possible, follow the court's form guidance.
• document Attach a table of contents (index) of your evidence.
• court Prepare for a possible oral hearing and note contacts at the court.

FAQ

Can I get a stay if I am looking for a new apartment?

Yes, the search for replacement housing can be a reason for a temporary stay if you can prove it with concrete evidence.

What deadline do I have to submit documents?

Deadlines vary depending on the court and service; respond immediately and inform the court about delays.

Do I need a lawyer?

A lawyer is not strictly necessary but can assist in complex cases or if you lack experience with court procedures.

Anleitung

1. document Gather all relevant evidence: tenancy agreement, payment proofs, correspondence, certificates and photos.
2. deadline Sort the documents chronologically and create an indexed list with page numbers.
3. form Complete the stay application in writing or prepare the electronic filing via JustizOnline^[3].
4. court File the documents with the competent district court and note the file number; keep proof of filing.
5. contact Inform the landlord in writing about the filed application and stay in touch with social agencies or tenant associations.

Wesentliche Erkenntnisse

• A complete file increases the chances of being granted a stay.
• Deadlines must be observed; act immediately after service.
• Assistance from tenant associations or social services can ease preparation.

Hilfe und Unterstützung / Ressourcen

• RIS – Rechtsinformationssystem des Bundes
• Justiz.gv.at – Court information
• JustizOnline – electronic filings

1. [1] RIS – Rechtsinformationssystem des Bundes
2. [2] Justiz.gv.at – Information der Gerichte
3. [3] JustizOnline – elektronische Einreichungen