Tenant Rights in Austria: Permanent vs Fixed-term
As a tenant in Austria it is important to know whether your lease is permanent or fixed-term, because this affects termination, tenant rights and obligations under the MRG. This text explains in clear, practical language what to watch for: deadlines, reasons for termination, rent increases, necessary repairs and how to collect evidence. You will receive concrete action steps for talks with the landlord, responding to a notice of termination and when to seek legal help. The guidance is based on Austrian law and common court disputes so you can protect your rights and avoid unnecessary risks. At the end you will find FAQ, a step-by-step guide and links to official sources such as RIS[1] and JustizOnline[2].
What does permanent vs fixed-term mean?
A permanent lease runs for an indefinite period. A fixed-term lease ends automatically on the agreed date unless extended. The lease type affects notice periods, protection against arbitrary termination and possible rent increases. The Mietrechtsgesetz (MRG) regulates many of these issues and defines differences for different housing types.[3]
What tenants should watch
- Check deadlines and dates (deadlines): When can termination occur and what periods apply?
- Formal requirements for termination and notice: How must a notice be written and delivered?
- Report defects and request repairs (repair): How to report heating, water or damp problems correctly?
- Check costs (rent, deposit): Which additional costs are permissible and what may the landlord charge?
- Collect documentation (document, photo): Keep photos, e-mails and logs as evidence.
- Seek help early (contact): When to contact advisory services or legal counsel.
Practical steps for tenancy problems
Start with a polite written request to the landlord. Describe the issue clearly, state deadlines and ask for remediation. If there is no response, send a reminder and document delivery. If threatened with termination, immediately check the notice period and the justification; unclear or formal errors can protect your rights. Before court consider organizing your evidence and seeking legal advice.
FAQ
- Can the landlord terminate early on a fixed-term lease?
- Early termination of fixed-term leases is only possible if expressly agreed in the contract or if statutory exceptions apply; review your contract clauses and the MRG.
- What notice periods apply to permanent leases?
- Permanent leases are subject to statutory notice periods that depend on the duration of tenancy and contract type; often several months are required.
- What to do about outstanding repairs?
- Report defects in writing, set a deadline, document the issue and consider rent reduction or legal assistance if necessary.
How-To
- Check the lease (document): Read the start date, term and termination rules carefully.
- Observe deadlines (deadlines): Note all relevant dates and statutory time limits.
- Document defects (repair, photo): Collect photos, e-mails and logs.
- Respond in writing (file): Send formal letters with a deadline to the landlord.
- Consider court or complaint (court): Contact advisory services or the district court if needed.
Help and Support
- RIS – Legal Information System of the Republic
- JustizOnline – Court Forms
- Justice – Court Information
