Tenant Rights: Owner's Use (Eigenbedarf) in Austria

As a tenant in Austria, the notice of owners use (Eigenbedarf) by your landlord can be worrying. This article explains clearly when Eigenbedarf is legally possible, which deadlines apply and what steps tenants can take. You will learn how to check termination reasons, file timely objections, negotiate replacement housing and what role evidence and formal requirements play. I also describe typical exceptions, hardship cases and which courts or authorities you can contact. I also name important deadlines under the Mietrechtsgesetz (MRG)^[1] and show when a hardship may justify an objection. If unsure, tenants should seek legal advice in time or request support from tenant associations.

When is owners use allowed?

Owners use exists when the landlord or close relatives need the apartment for their own use. It is allowed only if the need is genuine and serious and the termination is made in writing and in the correct form. Reasons such as purely economic motives without personal use intention are not considered genuine owners use. Tenants should examine the termination carefully and question its plausibility; if in doubt, an objection is possible and the district court can decide in case of dispute^[2].

Valid reasons and form

• Owners use by the landlord or a family member (deadline)
• Written termination with a clear justification (file)
• No owners use for pure reorganization or rental intentions

Tenant rights and obligations

Tenants have the right to object to the termination, especially in hardship cases or when owners use is not credible. Objections should always be made in writing and include all relevant reasons and evidence. Statutory deadlines apply and must be observed; do not miss deadlines, as you may lose rights. If uncertain, district courts can be approached as the first instance, and in some cases an interim injunction is possible^[2].

Evidence and documentation

• Keep the written termination and make copies (evidence)
• Collect photos, emails and witness statements (evidence)
• Document contact logs with landlord and authorities (contact)

Practical steps

Act in a structured way: check the termination, gather evidence, file a timely objection if needed and seek legal advice. Often a clarifying conversation with the landlord helps to negotiate replacement housing or an extended deadline. If there are formal defects, the termination may be ineffective. For court steps and forms, use official channels to ensure deadlines and submission routes are met^[3].

1. Check deadlines and analyze the termination immediately (deadline)
2. File a written objection and provide reasons, send by registered mail (file)
3. Collect all evidence: documents, photos, witnesses (evidence)
4. Seek legal advice or tenant support (contact)
5. If necessary, file a claim at the district court (court)

Frequently Asked Questions

When can the landlord terminate due to owners use?

When the landlord or a close relative actually needs the apartment for their own use and the termination is properly justified in writing.

Can I object to an owners use termination?

Yes, especially in hardship cases or doubts about the genuineness of the owners use. The objection should be in writing.

What evidence helps tenants in disputes?

Written termination notices, emails, photos, witness statements and possibly proof of previous use needs by the landlord.

How-To

1. Check the termination immediately for form and justification (deadline)
2. Draft a written objection and send it by registered mail (file)
3. Gather all supporting documents and create a timeline (evidence)
4. Seek legal advice or tenant association help (contact)
5. If needed, initiate court proceedings at the district court (court)

Help and Support

• RIS - Rechtsinformationssystem des Bundes
• Justiz.gv.at - Information on courts
• JustizOnline - Electronic forms

1. [1] Rechtsinformationssystem des Bundes (RIS)
2. [2] Justiz.gv.at - Informationen zu Gerichten
3. [3] JustizOnline - Elektronische Formulare