Tenant Rights: Landlord's Personal Use in Austria

If your landlord in Austria claims personal use (Eigenbedarf), it means they need the flat for themselves, close relatives or long-term use. For tenants this is a serious situation: notice periods, a plausible justification and correct service are crucial. You have rights, can object within deadlines and under certain conditions request replacement housing or compensation. Document communication, review the tenancy agreement and seek legal advice before signing or moving out. This article explains clearly and practically what steps tenants can take now, how deadlines work and when a case may go to court.

When is personal use permitted?

Personal use is permitted when the landlord or a close person genuinely and permanently needs the flat. Vague or general statements are not enough; the justification must be credible. Courts often check whether the intended use is realistically planned and whether the landlord examined alternative solutions^[1].

Formal requirements and justification

The eviction for personal use must be in writing and include a concrete justification. Common details are who will move in, when the use is planned and why no other flat is available. If the justification is missing, tenants can challenge the eviction.

• Written notice with the name of the person moving in (form, notice).
• Planned move-in date and duration of use (calendar, time).
• Concrete reasons why no other flat is possible (document, evidence).

Deadlines and objection

Tenants can object to the eviction and must observe deadlines. A timely objection can clarify the situation or trigger judicial review. The exact length of deadlines depends on the tenancy agreement and the duration of the tenancy^[1].

• File an objection within the legal deadline (deadline).
• Continue to pay rent (rent) until the legal situation is clear.
• Gather written evidence and records to support your objection (document).

What to do if you want to object

If you want to object, send a qualified written letter to the landlord listing reasons and any evidence. Request an extension if you need time to find replacement housing, and document every step. Courts can decide whether personal use exists; evidence matters in such proceedings.

FAQ

Can the landlord evict at any time for personal use?

No. Personal use must be factually justified and credible; arbitrary or unclear reasons are not sufficient.

Do I have to move out immediately if the landlord claims personal use?

Not necessarily. Notice periods apply and you can object; in many cases there is time for clarification or judicial review.

What rights do I have as a tenant if personal use is legitimate?

If personal use is legitimate, you may in some cases claim compensation or assistance in finding replacement housing; specific claims depend on the individual case.

How-To

1. Check the eviction notice in writing for concrete details (form).
2. Collect evidence and correspondence as proof (document).
3. Submit an objection within the deadline (deadline) in writing.
4. If necessary, bring the matter to court (court) or consult legal advice.

Help and Support

• [1] RIS: Legal Information System of the Republic
• [2] Justiz.gv.at: Information on court procedures
• [3] JustizOnline: Forms and electronic filings

1. [1] RIS: Rechtsinformationssystem des Bundes
2. [2] JustizOnline: Gerichtliche Einreichungen und Formulare
3. [3] Justiz.gv.at: Informationen zu Gerichtsbarkeiten