Tenant Objection to Owner's Need in Austria
Many tenants in Austria face a termination due to an owners declared need and do not know how to respond. This guide explains in clear language what rights tenants have, which deadlines apply and which steps are possible for objection or complaint. We explain how to review the termination, collect evidence, contact advisory services and, if necessary, prepare a lawsuit. We refer to the relevant legal sources and offer practical action recommendations for communication with the landlord and court procedures. The aim is to provide tenants in Austria with understandable and realistic guidance so they can assert their rights confidently.
What is Eigenbedarf?
Eigenbedarf means the landlord needs the apartment for themselves, close relatives or household members. The reason for termination must be concrete and comprehensible. Check the details about the person, timing and housing need carefully to determine if the termination is formally plausible.
Objection and Complaint: First Steps
If you receive an Eigenbedarf termination, these first steps help protect your rights. Act promptly, document everything and seek advice.
- Check the termination and observe all deadlines and service rules.
- Document evidence: photos, messages and written correspondence with the landlord.
- Contact local tenant advice centres or legal counsel for an initial assessment.
- Check for formal errors or defects in the termination document.
Formal Procedure and Court
If an out-of-court objection is not possible or unsuccessful, proceedings at the district court may follow. Observe jurisdiction and the documents required for a lawsuit, for example proof that Eigenbedarf does not exist or is being used abusively. The Mietrechtsgesetz (MRG) governs many tenant protection details[1]. For procedural questions the district court is responsible and JustizOnline provides forms for legal steps[2][3].
What the Court Considers
Courts review, among other things, the seriousness of the owners need, possible alternative housing for the landlord and whether balancing interests favour the tenant. Well-documented evidence and witnesses can be decisive.
FAQ
- Can I object to an Eigenbedarf termination?
- Yes, as a tenant you can object and, if necessary, request a judicial review.
- Which deadlines should I observe?
- Observe the deadlines stated in the termination and statutory deadlines for lawsuits and objections.
- Where can I find legal support in Austria?
- Austrian tenant associations, lawyers and official justice services offer advice and support.
Anleitung
- Read the termination carefully and note the date of service.
- Collect evidence such as photos, emails and messages.
- Observe deadlines for objection or lawsuit.
- Submit written objections to the landlord or court.
- Prepare for the court hearing and bring all documents.
Key Takeaways
- Owners need must be specifically justified.
- Check and meet deadlines promptly.
- Good documentation improves chances in court.
Help and Support
- [1] RIS - Legal Information System of the Federation
- [2] Justice - Information on Courts and Procedures
- [3] JustizOnline - Forms and e-Services
