Tenant Rights: Supported Living & Care in Austria
Many tenants wonder whether the landlord may restrict supported living or care arrangements in the lease. In Austria there are special rules: simple technical or organizational restrictions may be possible, but blanket bans on nursing or assisted living are only lawful in certain cases. As a tenant you should check the lease, document your consent, and speak openly with the landlord. If in doubt, collect precise descriptions, photos and written correspondence and observe deadlines. If the landlord strictly refuses or makes threats, legal steps, advice from tenant protection organizations or clarification before the district court may be necessary. This guide explains in practical terms the rights and obligations tenants have in Austria.
Rights and Obligations
The legal basis for tenancy relationships in Austria includes the MRG and ABGB; basic living standards are protected and landlord restrictions must be legally justified.[1]
When are bans lawful?
Bans or restrictions can be lawful if they serve to protect the rental property, house rules or safety. A general ban on assisted living is not automatically lawful; the decisive factors are contract wording and the concrete circumstances.
- Check precisely which clauses appear in the lease.
- Collect documents, photos and medical evidence if necessary.
- Speak with the landlord and propose practical solutions.
- Record deadlines and appointments in writing.
Frequently Asked Questions
- Can the landlord generally prohibit assisted living?
- A blanket prohibition is not automatically permissible; it depends on the contract wording, safety aspects and any balancing of interests. In cases of doubt, courts or the district court decide.[2]
- Do I as a tenant have to ask for permission?
- If the lease does not contain an explicit rule, it is advisable to inform the landlord and request written consent to avoid later conflicts.
- What steps can I take if the landlord refuses?
- Gather evidence, request written reasons and consider legal advice or filing a procedure; official forms may be available via JustizOnline.[3]
How-To
- First check the lease for relevant clauses and note any contradictions.
- Document your need and prepare documents, photos or medical confirmations.
- Contact the landlord in writing and request consent; set a clear deadline.
- If refused, seek legal advice and consider using JustizOnline for forms and submissions.[3]
Key Takeaways
- A blanket ban on assisted living is not automatically lawful.
- Written documentation strengthens your position in disputes.
- Seek timely advice from tenant protection groups or the court.
Help and Support
- RIS - Legal Information System of the Republic of Austria
- Justice - Information on Courts and Procedures
- JustizOnline - Forms and Electronic Filing
