Tenant Notice in Austria: Meet Termination Deadlines
As a tenant in Austria, when giving notice yourself you should know the statutory deadlines, the formal requirements and how to document everything to avoid disadvantages. This guide explains in plain language which deadlines apply, how a written termination should be structured and which documents you should collect. It also covers special reasons for termination, what to do if clauses in the lease are unclear and how to respond to landlord inquiries. The guidance is aimed at tenants across Austria and gives concrete steps to help you meet deadlines and, if necessary, protect your rights in court or out of court.
Deadlines and Form of Notice
The notice periods depend on the type of contract and legal provisions. For fixed-term tenancies there are often fixed dates; for open-ended contracts notice periods apply. Check your contract and the statutory requirements, in particular the Mietrechtsgesetz (MRG) for certain types of apartments[1]. A notice should always be in writing, clearly labeled "Notice" and include date and signature.
Before Sending: Important Checks
- Check the notice period (deadline): Determine the exact date by which the notice must have reached the landlord.
- Check form & content (form): Ensure name, address, rented property, date and signature are present.
- Gather documents (document): Collect lease agreement, handover report and prior correspondence as evidence.
- Clarify queries (contact): Resolve open points by phone or in writing to avoid misunderstandings.
Methods of Sending and Service
For service, registered mail with return receipt or personal delivery against a written receipt is recommended. Email can work but only if the lease allows electronic communication and receipt is provable. In disputed cases document every contact.
What to Do in Special Cases?
For extraordinary termination due to significant defects or health hazards shorter deadlines or immediate termination may be possible; document defects with photos and request written remediation within a deadline. If the landlord does not respond, district court action may be necessary.
Defects and Repairs
In case of serious defects you should request written remediation from the landlord; this can be a prerequisite for extraordinary termination. Observe deadlines and keep all receipts.
FAQ
- What notice period applies for an open-ended residential lease?
- The period depends on the contract and statutory rules; monthly periods are common, so check your lease or get advice.
- Is an email sufficient as notice?
- Email can be sufficient if contractually permitted and receipt provable; registered mail with return receipt is safer.
How-To
- Determine the deadline (deadline): Read the lease and statutory rules to establish the termination date.
- Draft the notice (form): Write a clear, dated and signed notice.
- Collect evidence (document): Prepare the lease, handover report and photos.
- Prove delivery (move-out): Send registered mail or deliver in person against a receipt.
Key Takeaways
- Plan notice periods well in advance.
- Form and proof determine effectiveness.
Help and Support / Resources
- Check official laws and templates: RIS provides statutes and examples.
- Court forms and e-services: use JustizOnline for filings.
- Procedure information: Justiz gives details on district court processes.
