Tenant: Fixed vs Open Tenancy (MRG) in Austria

As a tenant in Austria you may wonder whether your lease is fixed-term or open-ended and what that means under the Mietrechtsgesetz (MRG). This guide explains in plain language the key differences, which rights and duties apply to tenants, how notice protections work and when a fixed term is permissible. You will learn which deadlines to watch, what options exist for rent changes or repairs, and how to document and address disputes with your landlord. At the end you will find concrete action steps, pointers to authorities and links to official forms so you can assert your rights in Austria with confidence. This helps with quick decisions.

What does fixed-term vs open-ended mean?

An open-ended lease runs for an indefinite period; terminations follow statutory deadlines and protection rules. A fixed-term lease ends automatically at the agreed time but may only be used under specific conditions according to the Mietrechtsgesetz^[1]. The lease type affects your notice protection, the duration of the tenancy and the landlord’s options to end the agreement.

Key rights and obligations for tenants

As a tenant you have basic rights but also duties like paying rent on time and taking care of the property. For defects, the landlord is usually responsible for repairs; certain deadlines and notification duties apply.

• Right to clear information about the rent and reasons for any rent change.
• Right to necessary repairs and maintenance of habitability.
• Formal requirements and deadlines for terminations, especially with open-ended leases.

If unsure, first check your contract and document defects with photos and messages to the landlord.

What applies to fixed terms?

Fixed terms are allowed when they are objectively justified or specific contract types apply. An improper fixed term can be invalid; then the agreement is often treated as open-ended. Check whether the fixed term meets MRG requirements if in doubt^[1].

Termination and deadlines

For open-ended leases statutory or contractual notice periods apply; special rules protect tenants from immediate or unexpected termination. For formal or court-based terminations you should observe deadlines carefully and, if necessary, meet deadlines for objections.

Practical steps for disputes

1. Review your lease and note key dates (start, deadlines, agreements).
2. Document defects with photos, dates and witnesses, and send a formal defect notice to the landlord.
3. Contact local tenant advice services or mediation bodies if the landlord does not react.
4. If necessary, prepare documents for court actions; formal filings and e-forms are available via JustizOnline^[2].

FAQ

Will a fixed-term lease automatically become open-ended when it expires?

No. A fixed-term lease generally ends at expiry; it becomes open-ended only if the fixed term is invalid or the tenancy continues without a new agreement.

What notice periods apply if the landlord terminates?

Deadlines depend on the lease type; for open-ended residential leases there are graduated notice periods and protections that make immediate termination difficult.

Where can I find official forms for court actions?

Forms and e-services for terminations and filings are available via JustizOnline^[2].

How-To

1. Check your lease carefully and mark fixed terms, notice periods, and rent clauses.
2. Document defects in writing and send a defect notice to the landlord by registered mail or email with read receipt.
3. Seek advice from a tenant association if the landlord fails to respond.
4. If needed, prepare a claim and submit documents via JustizOnline^[2].

Help and Support

• RIS – Legal Information System of the Republic of Austria
• Justiz.gv.at – Court and procedure information
• JustizOnline – e-Forms and submissions

1. [1] RIS – Legal Information System of the Republic of Austria
2. [2] JustizOnline – Electronic court services