Tenant Notice Periods for Owner Need in Austria
If a landlord in Austria declares owner need (Eigenbedarf), this has concrete consequences for tenants: termination deadlines, protection periods for certain groups and options to object may apply. This guide explains in plain language which timelines typically apply, how the landlord's claim under the Mietrechtsgesetz (MRG)[1] affects tenants and what rights tenants have in case of possible eviction. You will learn when to pay attention to formal requirements, which deadlines apply to fixed-term and open-ended contracts and how to document paperwork and communication. The aim is to inform tenants practically so decisions are well-founded and deadlines are met on time. If uncertain, contact tenant protection or advisory services in time and, if necessary, seek legal advice.
Deadlines for owner need
There is no single deadline that fits all cases. The length of the notice period depends on the lease, its duration and the applicable law (e.g. MRG or ABGB). Landlords must state owner need concretely and plausibly; vague claims are usually insufficient. Certain groups, such as elderly or seriously ill tenants and households with children, are often afforded special protection.
- General notice periods: depend on contract type and duration.
- Protection periods: certain groups may have special legal protection.
- Form and justification: terminations should be in writing and explain the owner need.
When you receive a termination, first check the form and justification. Note deadlines in your calendar and collect all relevant documents (emails, letters, photos). In disputes over the validity of owner need, the district court or a conciliation body will often decide first[2], with higher courts involved afterwards if needed.
FAQ
- What is owner need?
- Owner need occurs when the landlord or close relatives require the apartment for their own residential use and must state this concretely.
- Which notice periods apply?
- Deadlines vary depending on the contract and applicable law; longer periods often apply for long-term tenancies.
- Can I file an objection?
- Yes, tenants can file a reasoned objection; valid reasons include particular hardship or incorrect owner need claims.
How-To
- Check the termination for proper form and justification.
- Document all paperwork, dates and communications.
- Submit a timely objection or statement if appropriate.
- Contact advisory services or legal counsel to clarify your options.
Help and Support
- RIS - Legislation and case law
- Justice - Information on court procedures
- JustizOnline - Electronic forms and procedures
