Tenant Rights in Austria: Eviction & Notice
Many tenants in Austria face time pressure and uncertainty when served with a notice of termination or threat of eviction. This article explains in plain language which rights and protections the Mietrechtsgesetz (MRG) provides and how to understand deadlines, formal service, and possible countermeasures. You will receive practical advice on documenting defects and evidence, communicating with the landlord, and steps to take in court or when contacting advisory services. The aim is to give tenants concrete actions — from filing an objection to seeking district court assistance — so you can meet deadlines and effectively assert your rights in Austria.[1][2][3]
What to do if you receive a termination or eviction threat?
When served with a notice, proceed calmly and methodically: check the form of the notice, record delivery times and collect all relevant documents. Use this checklist as an initial safeguard.
- Check deadlines (deadline): When was the notice delivered and by when must you respond?
- Formal review: Is the termination written, signed and legally justified?
- Preserve evidence: Secure photos, correspondence and witnesses.
- Contact: Reach out to advisory services or legal counsel early.
Brief note on eviction
A judicial eviction is a formal process: usually a court procedure at the district court follows an unanswered or contested termination. Act early to avoid missing deadlines and to mobilize legal aid or social support if needed.
Rights and obligations at a glance
- Repairs and habitability: Report defects in writing immediately.
- Rent payments: Continuing to pay rent protects against arrears and supports later defence.
- Protection against unlawful eviction: Forced eviction is not allowed without a court order.
FAQ
- Can the landlord terminate at any time?
- No. Termination protection and deadlines are governed by the MRG and the lease; arbitrary terminations are restricted.
- What happens if I do not vacate the apartment voluntarily?
- The landlord can file an eviction request at the district court; only with a court order and enforcement can a forced eviction occur.
- Where can I find forms and help?
- Official forms and information are available from government legal information services and justice authorities.
How-To
- Check deadlines (deadline): Read the termination notice carefully and note deadlines.
- Collect evidence: Secure photos, defect reports and correspondence.
- Seek advice: Contact tenant associations or legal counsel.
- Consider court steps: If necessary, file an objection to eviction or bring a claim.
Help and Support / Resources
- [1] RIS: Legal Information System of the Republic of Austria
- [2] Justice: Information on courts and procedures
- [3] JustizOnline: Electronic forms and submissions
