Tenant Eviction Rights in Austria

Landlord termination, protection & eviction 2 min read · published September 10, 2025

As a tenant in Austria it is important to know which rights and deadlines apply when a landlord issues an eviction notice. This article explains in clear terms when landlords are allowed to terminate, which tenant protection rules apply and how an eviction proceeds legally. You will learn which documents and evidence help, which deadlines must be met and which steps are available for objection or mediation. The information is based on Austrian law and shows practical steps for tenants to clarify their situation, respect deadlines and seek support if needed. Examples, FAQ and a short how-to at the end help you plan the next steps quickly.

Which grounds for termination exist?

Landlords may only terminate under certain conditions. For apartments covered by the Mietrechtsgesetz (MRG), conditions and deadlines are strictly regulated.[1] Common reasons include owner move-in, payment arrears or breach of contract. A termination must be in writing and justified when required by law or contract.

In Austria the rules differ depending on whether the tenancy falls under the MRG.

Key points on termination

  • Ordinary terminations follow fixed deadlines and formal requirements.
  • Extraordinary terminations are allowed only for serious reasons.
  • Terminations for owner move-in should be carefully reviewed.

Rights and duties for eviction

If an eviction is threatened, tenants have rights such as protecting time limits and often the possibility to request court settlements or payment plans. Jurisdiction is usually with the district court for civil matters; termination and eviction proceedings are handled there.[2]

Keep all documents, emails and receipts organized.

Which documents are important?

  • Lease agreement, handover reports and correspondence with the landlord.
  • Receipts, bank statements and proofs of payment.
  • Photos or expert reports for damages and impairments.

Act promptly: respond within stated deadlines or seek legal advice. If necessary, formal objections or applications can be submitted via JustizOnline.[3]

Respond to notices within deadlines to avoid losing rights.

FAQ

Can a landlord evict without reason?
No. In many cases the landlord needs a justified reason or must comply with legal or contractual deadlines.
Which deadlines apply for an ordinary termination?
Deadlines depend on the lease and the MRG scope; they are often tiered and must be observed in writing.
What can I do if an eviction lawsuit is filed?
Gather evidence, respond within deadlines, seek legal advice and consider settlement or payment proposals.
Is there help from courts or state bodies?
Yes, district courts provide information about procedures and JustizOnline offers forms for claims and applications.

How-To

  1. Check the termination letter immediately for form and deadline.
  2. Collect relevant documents: lease, payments and correspondence.
  3. Contact legal advice or a tenant association for assessment.
  4. File objections in time or use mediation services.
  5. Prepare documents for court proceedings if necessary.

Key Takeaways

  • A termination must be checked and answered within deadlines.
  • Documentation and payment proofs strengthen your position.
  • JustizOnline and district courts are central contact points for procedures.

Help and Support / Resources


  1. [1] RIS - Mietrechtsgesetz (MRG)
  2. [2] Justice - Information about Courts
  3. [3] JustizOnline - Forms and E-Services
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Austria

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.