Tenant Letter: Fixed vs Open Tenancy Austria
As a tenant in Austria you often face a choice: a fixed-term lease or an open (unfixed) agreement? Both types affect termination, rent adjustments and repair obligations. This guide explains in plain language when a template letter is useful, which legal deadlines (deadline) apply, which evidence you should collect and how to review potential notices to quit. I describe concrete wording for letters to the landlord, typical court procedure and useful contacts in Austria. The goal is to give you clear steps so you can protect your rights as a renter and avoid unnecessary risks.
Understand: open vs fixed tenancy
Open (unfixed) contracts run indefinitely; fixed-term agreements end on a set date or after an agreed event. For both forms the Mietrechtsgesetz (MRG) and the Allgemeines Bürgerliches Gesetzbuch (ABGB) are relevant.[1] Important are termination deadlines, reasons for fixed terms and whether an extension is possible.
- Deadlines (deadline): check notice periods and contract dates.
- Rent (rent): note agreed rent clauses and possible adjustments.
- Formal requirements (form): letters should include date, signature and clear requests.
- Repairs (repair): report defects in writing and request a deadline for remedy.
- Evidence (evidence): collect photos, messages and payment receipts as proof.
- Court action (court): disputes are often handled by the district court.
Template: practical structure tips
A template letter should be short, factual and formal. State contract details, describe the request precisely and set a clear deadline for response (deadline). If possible, propose a solution or demand a specific action (e.g. repair, rent reduction or confirmation of contract end).
- Subject and date (form): make them clear and unambiguous.
- Facts and evidence (evidence): list briefly and refer to attachments.
- Set a deadline (deadline): e.g. "Please respond within 14 days."
- Offer contact (call): provide phone number or preferred contact method.
FAQ
- Can a fixed-term contract be terminated early?
- Contract terms generally apply; early terminations are only possible by explicit agreement, statutory exceptions or important reasons.
- Which deadlines apply to open tenancy agreements?
- Deadlines depend on the contract and statutory provisions; check notice periods and consult the district court or a counseling service if needed.[3]
- How do I document damages correctly?
- Take photos, record date and time, send a written defect notice and keep responses.
How-To
- Check your lease first for fixed-term clauses and termination rules.
- Gather all relevant evidence: photos, messages and payment records.
- Draft a template letter with a clear deadline and request the desired action.
- Send the letter by registered post or email with receipt confirmation and keep proof.
- If the landlord does not respond, consider filing at the district court or seeking legal advice.[2]
Help and Support
- [1] RIS - Laws and MRG
- [3] Justiz.gv.at - Court procedures and jurisdictions
- [2] JustizOnline - Forms and submissions
