Tenant Eviction Protections in Austria
If you are a tenant in Austria facing a notice of termination or evacuation threat, you need clear steps and practical information. This guide explains your rights, deadlines and obligations under tenancy law, including basic maintenance and repair duties (MRG §3)[1]. It shows how to check termination notices, observe deadlines, document defects and defend against unlawful eviction requests. The aim is to make you able to act: which proofs are important, when to use legal advice or the JustizOnline forms[2] and how to meet deadlines. You will also find practical checklists and tips on how to collect evidence.
Rights and obligations on termination
As a tenant you have protective rights in Austria: termination reasons must be valid, deadlines must be observed and formal service is important. First check your contract and calendar deadlines as well as the form of service. If repair duties apply (MRG §3), this can affect your counterclaims.
Quick steps after receiving a termination
- Check deadlines: determine the date of service and statutory deadlines immediately.
- Collect and review the termination letter: check form, signature and reasons.
- Document defects: photos, emails and witness notes as evidence.
- Report repairs and set a deadline: notify defects in writing and set a reasonable repair deadline.
- Contact legal advice or a tenants' association: secure support for next steps.
If the termination seems unclear or plainly invalid, do not remain passive: objections, formal responses and possibly court actions are options. Many formalities can be handled with online forms via JustizOnline to simplify the process.
What to do when facing an eviction threat
An eviction threat does not automatically require you to leave immediately. Check court service carefully, note dates and obtain legal advice early, especially if defects or outstanding repairs are involved.
FAQ
- Can the landlord terminate without reasons?
- No. A termination must be justified under applicable tenancy law and formally served.
- What if there is no heating or water?
- Document defects immediately, inform the landlord in writing and set a reasonable deadline for remedy.
- When is a writ for eviction required?
- For forced eviction the landlord generally needs a legally binding eviction order from the court.
How-To
- Check service and statutory deadlines and note relevant dates.
- Collect evidence: photos, correspondence and witness statements in one place.
- Prepare a formal response or objection in writing and submit it within the deadline.
- If necessary, file legal action at the district court or resolve the matter judicially.
- Seek support from a tenants' association or legal advisor to review your options.
Key Takeaways
- Observe deadlines: respond within statutory timeframes.
- Secure evidence: photos and written correspondence matter most.
- Seek help: tenants' associations and legal counsel are essential contacts.
Help and Support
- RIS – Legal Information System for Laws
- JustizOnline – Court Forms
- Justice – Information on Courts and Procedures
