Tenant Rights in Austria: Landlord's Need
If your landlord claims "Eigenbedarf" (personal need), many tenants in Austria feel uncertain. "Eigenbedarf" means the landlord needs the flat for themselves or close relatives, but legal practice and deadlines can be complex. This guide explains in clear language what tenant rights exist, how to respond formally, which deadlines apply and when legal action may be necessary. You will learn what information must appear in a termination, how an objection works and the role of the Mietrechtsgesetz (MRG) and district courts. The aim is to show practical steps and resources so you can assess your housing situation calmly and protect your rights effectively in Austria.
What is "Eigenbedarf"?
"Eigenbedarf" occurs when a landlord needs the flat for themselves, close family members or household members. The termination must state the need clearly and be verifiable; it must not be arbitrary.[1]
Landlords must state personal need clearly.
What rights do tenants have?
As a tenant you have several protections against termination for personal need.
- File an objection to the termination and request a detailed explanation.
- Check for hardship: severe personal reasons can make eviction unreasonable.
- Observe deadlines: respond within the given time and note all dates.
- Court resolution: disputed cases are usually decided by the district court.
Good documentation increases chances of success in objections or lawsuits.
FAQ
- What does "Eigenbedarf" mean?
- "Eigenbedarf" means the landlord needs the flat for themselves or relatives and must state this in the termination.
- Can the landlord terminate immediately?
- No. Terminations must be justified and statutory notice periods and protections apply.
- Which deadlines matter?
- Deadlines to respond with objections and the contractual notice periods are decisive; legal steps should be started in time.[2]
How-To
- Check the termination and note all stated reasons.
- Collect evidence: photos, correspondence and the tenancy agreement.
- Write a formal objection and send it within the deadline.[3]
- Seek legal advice or tenant counseling locally.
- Consider alternatives such as hardship applications or settlement offers.
- Prepare for possible court proceedings or a move.
Key Takeaways
- Respond promptly: deadlines are critical.
- Documentation helps: gather evidence and correspondence.
- Use counseling services: free help may be available.
Help and Support / Resources
- RIS: Legal Information System of the Federation
- Justice: Information on procedures and forms
- JustizOnline: Court forms
