Tenant Rights on Eviction in Austria
As a tenant in Austria you may face a termination by the landlord — which can be unsettling. This guide explains clearly which termination reasons are permissible, which deadlines and dates you must observe, and what rights you have as a tenant. You will receive practical advice on responding to a termination, collecting evidence, dealing with defects, and preparing for potential court steps. I also describe the main steps to prevent or delay an eviction and where to find official help. The text is aimed at non-lawyers and uses clear language so you quickly know which steps make sense next.
What tenants should know
A termination by the landlord can occur for different reasons: arrears, serious breaches of contract or necessary owner use. Whether a termination is lawful depends, among other things, on the Tenancy Law (MRG).[1] Pay attention to written form, service and legal deadlines.
- Arrears (rent): Several unpaid monthly rents are a common reason for termination.
- Contract breaches (notice): Repeated disturbances or unauthorized subletting can lead to termination.
- Safety or health violations (safety): Serious defects or hazards can trigger measures.
- Eviction after court (eviction): A judicial termination can be followed by eviction proceedings.
Practical steps you can take
Proceed systematically: check the termination, note deadlines, collect documents and seek legal advice if necessary. Some defects or procedural errors give you defense opportunities.
- Check the notice (file): Read the document carefully and check signature, date and service.
- Note deadlines (deadline): Enter all deadlines in your calendar and act in time.
- Collect evidence (evidence): Secure photos, tenancy agreements, payment receipts and correspondence.
- Document defects (repair): Report defects in writing and request remedies.
- Seek legal advice (contact): Contact a tenants' association or lawyer if unsure.
Court proceedings and eviction
If a dispute arises, the district court usually decides. The procedure is governed by the Civil Procedure Code; a judicial termination can lead to an eviction order and enforcement.[2]
If you receive a lawsuit or application, respond within the stated deadline and use available legal remedies.
FAQ
- Can the landlord terminate without cause?
- No. A termination must have a legal reason and be properly served in writing.
- What deadlines apply after a termination?
- Deadlines depend on the reason for termination and the contract type; check the MRG and practical guidance.
- How can I defend against an eviction?
- You can file objections in court, use deadlines and present evidence; seek support early.
How-To
- Check the document: Read the termination fully and note sender and service date.
- Enter deadlines: Mark objection or eviction deadlines in your calendar.
- Collect evidence: Prepare tenancy agreement, payment receipts and photos.
- Seek help: Contact a tenants' association or legal advice.
- Court steps: File objections in time or prepare a defense.
