Tenant Guide: Documents for Landlord Eigenbedarf in Austria
As a tenant in Austria, a notice of "Eigenbedarf" can cause uncertainty. This text clearly explains which documents landlords typically must present, what deadlines for termination and objections apply, and how you should secure records. It describes which proofs of actual need are important, how formal service is carried out, and the role of the Mietrechtsgesetz (MRG). You will also find practical steps to respond to Eigenbedarf, how to meet deadlines and, if necessary, initiate court clarification. Read the guidance carefully and use the step‑by‑step instructions below to respond in an orderly way. At the end you will find links to official authorities and form sheets.
Which documents can the landlord present?
Landlords must state concrete reasons and provide evidence when claiming Eigenbedarf. In many cases written information about the person, the need and the desired move‑in date is required [1]. It is crucial that the documents show why the apartment is needed now.
- Written termination with reason and date.
- Proof of the person who will move in (e.g., registration certificate, family relation).
- Information on the desired move‑in date and deadlines.
- Documents proving that no suitable alternative apartments are available.
- Official documents or contracts if processes like purchase or title transfer are involved.
Detailed documentation increases your chances in a dispute.
Formal service and deadlines
The method of service (personal, registered letter) and compliance with statutory deadlines are decisive; formal errors can make the termination invalid [2]. Check the service date carefully and note the receipt date.
- Check deadlines: When does the termination period end and when does the objection period start?
- Observe formal requirements: Is the termination written and signed?
- Secure proof of service (registered mail, delivery receipt).
Respond within the deadline to protect your rights.
What tenants can do
Collect all relevant documents and make copies. Record the date and content of every communication. If the landlord provides vague or contradictory information, request clarifying evidence.
- Make copies of all letters, the tenancy agreement and payment receipts.
- Draft an objection in time and send it by verifiable delivery.
- Contact advisory centres or legal counsel if in doubt.
Keep rent payments and receipts organised and stored safely.
How-To
- Check the deadline and service date: Note when the termination was received.
- Copy documents: tenancy agreement, correspondence, payment records.
- Submit an objection: Briefly state reasons and attach evidence, send by registered mail.
- If necessary: Consider court action at the district court and observe litigation deadlines.
FAQ
- Which deadline does the landlord have for Eigenbedarf?
- The termination periods depend on the tenancy agreement and statutory provisions; you should check and note exact deadlines immediately.
- Does the landlord have to provide specific proof for Eigenbedarf?
- Yes, the landlord should provide concrete reasons and evidence that make the personal need plausible.
- Can I object to an Eigenbedarf termination?
- Yes, tenants can file an objection in time and, if necessary, seek court clarification.
Key Takeaways
- Document all letters and deliveries carefully.
- Observe deadlines and respond promptly.
- Ask the landlord for concrete proof when information is missing.
Help and Support
- Mietrechtsgesetz (MRG) in RIS
- Information on service and procedures (justiz.gv.at)
- Forms and e‑services (JustizOnline)
