Tenant Protection & Eviction: Common Mistakes in Austria
As a tenant in Austria, facing tenant protection issues or eviction can be frightening. Many mistakes come from missing documentation, missed deadlines, or lack of knowledge about maintenance duties under MRG §3[1]. This guide explains practical steps tenants can take: how to document defects, which deadlines apply, and when legal help is advisable. You will also learn how formal service works and the role of the district court[2]. The goal is to give you clear actions so you can protect your rights and avoid unnecessary disadvantages.
Common Mistakes with Tenant Protection and Eviction
- Lack of documentation of defects and missing repair requests
- Missing deadlines for objections, eviction rescissions or counterclaims
- Undemonstrable service or missing registered mail for important letters
- Payment errors in rent arrears or security deposit accounting
- Insufficient evidence such as photos, emails or witness statements
- Obtaining legal advice too late
What You Can Do Concretely
Practical steps help avoid common errors. Send defect reports immediately by email and registered mail, note deadlines in writing and take time-stamped photos. Request repairs in writing and set a reasonable deadline. For payment disputes, request a detailed accounting and check records. If eviction looms, act quickly, seek advice and check whether an objection or counterclaim is possible.
Important Rules of Conduct
- Document everything in writing by registered mail or verifiable email
- Report defects immediately and observe legal deadlines
- Collect photos, chat logs and witnesses as evidence
How-To
- Send a written defect notice to the landlord and set a deadline.
- Collect and secure photos, emails and witness statements.
- Obtain legal advice early if eviction is threatened and check formal deadlines.
- If necessary, respond within deadlines or file claims at the district court.
Frequently Asked Questions
- Can the landlord evict me without a court?
- No. Eviction without a court order is generally not permitted; a judicial eviction order is usually required.
- How do I set a repair deadline correctly?
- Report defects in writing, set a reasonable follow-up period and document the deadline; consider further steps if the period lapses.
- What role does MRG §3 play regarding repairs?
- MRG §3 governs the landlord's maintenance duties; tenants can consider claims or rent reductions after setting a deadline.
Key Takeaways
- Documentation is the most important protection for tenants.
- Adhering to deadlines prevents legal disadvantages.
- Early legal advice can reduce costs and stress.
Help and Support
- RIS - Legal Information System of the Republic of Austria
- JustizOnline - eForms and court procedures
- justiz.gv.at - Information on courts and procedures
