Tenant Deadlines: Fixed vs Open-Term in Austria
As a tenant in Austria, it is important to know deadlines under the Mietrechtsgesetz (MRG)[1]. Whether a lease is fixed-term or open-term affects notice periods, response times for defects, and options for renewal or rent adjustments. This guide explains in plain language which deadlines apply to tenants, how to react in time, what steps to take for repairs or arrears, and when court deadlines start. Read practical advice on documentation, formal service, and deadlines for court defense so you can protect your rights and avoid unnecessary risks.
Which deadlines apply to tenants?
The key deadlines differ depending on the contract type. Open-term leases often offer flexible termination options, while fixed-term leases have predefined durations. Always check your lease and note important dates in a calendar.
- Check notice periods: Many cases involve multi-month notice periods; review your lease and the MRG.
- Report defects: Reporting deadlines for damages should be met promptly so claims do not lapse.
- Response times for reminders: Pay or respond in writing within stated deadlines to avoid escalation.
Important deadlines and steps
Practical examples and steps help you act quickly. Documentation and formal service are often decisive, especially for defect remediation or terminations.
- Repairs: Report defects immediately in writing and give the landlord a reasonable deadline to remedy them.
- Rent payments: Observe payment deadlines and address arrears immediately to avoid extra costs.
- Formal service: Send terminations and reminders with proof of delivery (e.g., registered mail) within the deadline.
- Court deadlines: If proceedings are necessary, specific filing and response deadlines apply at the district court and higher instances.[2]
FAQ
- How long is the notice period for open-term leases?
- In many cases tenants face notice periods of several months; check your lease and the specific provisions in the MRG or contact advisory services.
- What should I do if the heating fails?
- Report the defect immediately in writing, document date and photos, and give the landlord a reasonable deadline to fix it.
- Does a fixed-term lease end automatically?
- Yes, fixed-term leases end when the agreed term expires unless an extension is agreed or legal exceptions apply.
How-To
- Check deadlines: Read the lease and note all relevant dates.
- Document: Collect photos, messages and payment receipts as evidence.
- Respond formally: Send written defect notices or terminations with proof of delivery.
- If needed, file in court: Submit documents to the district court or seek legal advice.
