Tenant Notice Periods in Austria for Job or Move

Many tenants in Austria face the question of which notice periods apply when they need to terminate their tenancy because of a job change or a move. This text explains in clear language which deadlines generally apply, how to correctly draft and serve your termination, what obligations exist for returning the apartment and which documents are helpful. The information is based on the relevant regulations and provides practical steps, checklists and tips so that you as a tenant can meet deadlines and avoid unnecessary costs. We also explain typical deadlines for fixed-term and open-ended leases and offer tips for documenting apartment handovers. If you are unsure which deadline applies to your contract, you will find information on court steps and forms below.

Notice Periods and Types

There are different types of deadlines: contractually agreed notice periods, statutory minimum periods and special cases (e.g. extraordinary termination for severe defects). Many residential leases follow the notice periods of the Tenancy Act (MRG) or contractually agreed terms; therefore check your tenancy agreement and the relevant provisions first.^[1]

Typical Deadline Scenarios for Job Change and Move

• Ordinary termination: often one-month or three-month periods depending on the contract and agreement.
• Move due to job: check whether a special termination right exists in the contract or whether a landlord may agree to an exception.
• For fixed-term contracts, stricter rules often apply; early termination can lead to compensation claims.
• Extraordinary termination: immediate termination may be possible in case of serious defects or breaches of contract.

How to Terminate Correctly: Step-by-Step for Tenants

When drafting the termination, observe the following: format (written), clear landlord address, date of receipt, termination date and signature. Send the termination by registered mail or hand it over against a receipt.

1. First check your tenancy agreement for agreed notice periods and special clauses.
2. Calculate the correct notice period and the specific termination date.
3. Draft a short, clear written termination with date and signature.
4. Ensure delivery: registered mail or personal handover with receipt confirmation.
5. Arrange a handover protocol with the landlord and document the apartment condition with photos.
6. Arrange the deposit return and, if necessary, request a written settlement.

Practical Notes on Handover and Return

Plan the handover early: set a date, prepare a joint handover protocol and note any defects. Send a copy of the protocol to the landlord after the handover. In case of disagreements, the protocol serves as important evidence.

Frequently Asked Questions

Which notice period applies if nothing is stated in the contract?

If the tenancy agreement does not specify a period, statutory provisions or customary local tenancy deadlines apply; check the contract and consider legal advice if unsure.^[1]

Can I terminate early without costs due to a job change?

Cost-free early termination is only possible if a contractual special termination right exists or the landlord agrees; otherwise compensation claims may arise.

What should be included in the handover protocol?

The protocol should list meter readings, visible damages, cleanliness condition as well as date and signatures of both parties.

How-To

1. Check your tenancy agreement and note the agreed notice period.
2. Calculate the termination date based on receipt of the notice.
3. Draft and sign the written termination.
4. Deliver the termination with proof (registered mail or receipt confirmation).
5. Arrange the handover and create a protocol with photos.

Help and Support

• RIS – Legal Information System of the Republic of Austria
• Federal Ministry of Justice (justiz.gv.at)
• JustizOnline – e-Forms and Court Services

1. [1] RIS – Tenancy Act (MRG)
2. [2] JustizOnline – Court Forms