Tenant Documents: Fixed vs Open Tenancy Austria
Which documents does a tenant need?
As a tenant in Austria it is important to have all relevant documents ready. The following list shows common papers landlords may request and documents you should collect yourself.
- Lease agreement (contract / form)
- ID card or passport (ID / document)
- Proof of income / payment receipts (income / payment)
- Registration certificate (registration / calendar)
- Deposit receipt (deposit / receipt)
- Handover protocol and photos (handover / document)
- Defect log or repair invoices (repair / maintenance)
Detailed documentation increases your chances in disputes.
Differences: open vs fixed tenancy
Fixed-term tenancies often have specific requirements and proof obligations under the Mietrechtsgesetz (MRG)[1]. Open tenancies usually offer more continuity, while fixed terms require reasons and attention to deadlines.
- Reason for the fixed term and supporting documents (reason / form)
- Deadlines for termination or extension (deadline / calendar)
- MRG rules and tenant protections (safety / shield)
Fixed-term contracts often have tight deadlines for objections.
What to do if documents are missing or there is a dispute?
If documents are missing or unclear, proceed systematically: written communication, evidence collection and timely steps to protect your rights.
- Contact the landlord in writing and request missing documents (contact / call)
- Gather evidence: photos, messages, payment receipts (evidence / document)
- If escalated: inform the district court or consider legal action (court / hearing)[2]
Many disputes can be avoided by clear documentation and timely communication.
FAQ
- Which proofs are needed for a fixed-term MRG tenancy?
- Landlords often require the reason for the fixed term in writing and possibly proof of construction works or professional use; check the justification carefully.
- Can the landlord request additional documents?
- Generally the landlord may request reasonable proofs such as income or identity documents, but not discriminatory or unlawful demands.
- What if a landlord refuses to provide documents?
- Request the documents in writing, document the communication and seek legal advice or involve the district court if necessary.
How-To
- Collect all available documents: lease, ID, registration certificate and deposit receipts (document / evidence).
- Request missing documents from the landlord in writing and set deadlines (form / notice).
- Document defects with photos and repair invoices (repair / maintenance).
- If needed, file documents or a claim at the district court (court / hearing).
