Tenant Notice Template: Austria
When to give notice?
First check your lease: fixed-term contracts, waiver of termination or special agreements can contain deviating rules. In many cases, the statutory notice periods of the Mietrechtsgesetz (MRG) apply. If unsure, note the date by which a timely termination must be made and allow time for mailing.
- Observe the notice period (deadline: e.g. 3 months or the period specified in the contract).
- Check the contract and additional agreements (notice: terms, written side agreements).
- Prepare all relevant documents (documents: photos, handover records, receipts).
Template letter: structure and wording
A simple, effective template contains: sender, recipient, date, an explicit termination declaration, reference to the rental object, desired contract end date and your signature. Example phrases help to avoid misunderstandings.
- Include date and subject (date: e.g. "Termination of the rental agreement").
- Use a clear termination formula (notice: "I hereby terminate the rental agreement...").
- State the property and address (documents: exact apartment details).
- Do not forget signature (success: handwritten signature required).
Sample text (short template):
I hereby terminate the rental agreement concluded with you for the apartment Musterstraße 1, 1010 Vienna, at the earliest possible date / on [insert date]. Please confirm receipt and the contract end in writing.
Delivery & proof
Effective delivery is often decisive. Recommended proofs are registered mail with return receipt or personal handover against a receipt. Document the sending date and witnesses if possible.
- Use registered mail with return receipt (mail: proof of delivery).
- Personal handover with receipt (contact: signed receipt).
- Note the sending date and keep receipts (documents: postal receipt, photo).
What to do if the landlord objects?
Respond in writing, collect evidence and check deadlines. If the objection is justified, legal clarification may be required; district courts in Austria handle such matters.[2]
- Stay written and observe deadlines (court: check deadlines and dates).
- Compile all proofs (documents: handover records, photos).
- Seek legal advice or contact advisory services (contact: tenant association or lawyer).
FAQ
- When is a termination considered received?
- A termination is generally considered received when it has actually been handed to the recipient or delivered using a verifiable mailing method (e.g. registered mail).
- What notice periods apply to open-ended leases?
- The statutory notice periods depend on the type of contract and agreement; check your contract and the statutory provisions of the MRG.[1]
- Where can I find forms for court proceedings?
- Official e-forms and information on court procedures are available on JustizOnline.[3]
How-To
- Fill in the template and enter sender/recipient, date and a clear termination formula (notice).
- Check the notice period and calculate the correct contract end date (deadline).
- Choose the sending method: registered mail with return receipt or personal handover (mail).
- Secure proof of receipt and confirmation, keep copies and receipts safe (documents).
Help and Support / Resources
- RIS: Legal Information System
- Justiz.gv.at – Courts and Procedures
- JustizOnline – e-Forms and Electronic Procedures