Tenant Rights for Illness and Pregnancy in Austria

As a tenant in Austria, illness or pregnancy raise specific questions about the rental relationship. Many people ask whether the landlord can regulate access, issue evictions or demand special protective measures. This article explains in plain language which rights you have as a tenant, which duties apply to the landlord, and how eviction protection, anti-discrimination rules and privacy operate in practice. I outline practical steps: how to document incidents, which formal requirements apply to correspondence, and when court action may be appropriate. Technical terms are explained clearly so you can make informed decisions with your landlord. The guidance applies to tenancies under Austrian law and refers to relevant resources for further reading.

What landlords may not demand

Landlords may not intrude into tenants' privacy without legal basis or terminate tenancy solely because of illness or pregnancy. Terminations must follow legal rules and can be reviewed by courts; blanket requests for health details are not permissible^[1].

Rights during illness

If illness affects the apartment, tenants are protected against arbitrary interference and may have claims for repairs or rent reduction when habitability is impaired. Contractual changes or special demands from the landlord require legal basis or mutual agreement^[2].

• Eviction protection: Termination for illness must be legally justified and can be challenged in court.
• Repairs and health: Defects affecting health (e.g., mold, heating failure) must be remedied by the landlord.
• Documentation: Photos, reports and medical notes help to substantiate your case.
• Landlord access: Without urgent reason, the landlord does not have a right to constant access.

Rights during pregnancy

Pregnancy is a protected situation. Discrimination or disadvantages due to pregnancy are not allowed; terminations related to pregnancy are only permissible in narrowly defined legal circumstances. Inform yourself early about your rights and keep communications in writing^[1].

• Protection from discrimination: Landlords cannot lawfully evict or disadvantage you because of pregnancy.
• Formal requirements: Important notices should be documented in writing.
• Early notice: Discuss necessary adjustments, such as accessibility or quiet times, as soon as possible.

Practical steps for disputes

When problems arise, clear steps help: notify in writing, set deadlines, collect evidence and seek professional advice. Court action is necessary only in exceptional cases; often a well-documented out-of-court approach suffices.

• Written requests: Send a concise notice to the landlord requesting remedy within a reasonable period.
• Evidence: Take photos and note dates, times and witnesses.
• Seek advice: Contact tenant associations or legal counsel when uncertain.
• Court options: If necessary, file at the competent district court and observe all deadlines^[3].

FAQ

Can a landlord evict because of pregnancy?

An eviction solely due to pregnancy is generally not permitted; specific circumstances must be examined and may be contested in court.

Do I have to share health data with my landlord?

Generally not; detailed health information is only relevant in exceptional cases and must be handled in compliance with data protection rules.

What should I do if the heating fails and I am ill?

Report the defect immediately in writing, document the situation and request prompt remedy; rent reduction or official measures may follow.

Anleitung

1. Notify in writing: Send a brief, factual letter to the landlord with a deadline.
2. Document: Record photos, dates, times and witnesses.
3. Seek advice: Contact tenant organizations or legal representation.
4. Consider court action: If necessary, file at the competent district court.

Key takeaways

• Illness and pregnancy do not justify arbitrary evictions.
• Keep detailed documentation to support any claim.
• Observe formal notices and deadlines before escalating the matter.

Help and Support

• RIS - Legal Information System of the Republic of Austria
• Federal Ministry of Justice Austria
• JustizOnline - Court forms

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] RIS - Allgemeines Bürgerliches Gesetzbuch (ABGB)
3. [3] JustizOnline - Court procedures and forms