Tenant Rights: Termination or Renewal in Austria
Many tenants wonder when a landlord may renew or terminate the lease. In Austria, the Mietrechtsgesetz and general contract rules govern formal requirements, grounds for termination and deadlines. As a tenant, you should know your rights: which deadlines apply, whether a termination must be in writing and which exceptions exist. Documentation, quick responses to letters and checking whether a termination ground is legally valid are often decisive. If uncertain, use advisory services or check official laws and forms.[1]
Tenant rights for renewal and termination
In principle: some leases renew automatically, others end with a termination. A termination must comply with statutory deadlines and formal requirements. For breaches by the tenant the landlord can terminate, but tenant protections also apply. Read your lease carefully and check for special termination clauses or indexed rents.
When may the landlord terminate?
The landlord may only terminate for legally recognized reasons, for example legitimate owner occupancy or serious breaches of contract. If you are unsure about form or deadlines, tenants should file a written objection in time and respect deadlines. Official guidance on procedures and forms is available from courts and authorities.[2]
- Termination for owner occupancy only with concrete proof.
- In case of payment arrears: reminder and deadline are often required.
- Pro forma terminations without justification are usually ineffective.
What to do if renewal or termination is unclear?
First check the lease: does it state automatic renewal or a fixed end date? If the landlord serves a written termination, note the date of receipt and keep a copy. Respond in writing if you dispute the termination or request an extension. Collect all proof of payments, defects and communication. Early advice from tenant associations or legal counsel often helps.
FAQ
- May the landlord terminate without giving a reason?
- No, the landlord generally needs a legally permissible reason and must observe deadlines and formal requirements.
- How short are termination periods for tenants and landlords?
- Deadlines depend on the lease and the type of tenancy; landlords often face longer notice periods than tenants.
- What should I do if I receive an immediate (frictionless) termination?
- Check the justification closely, gather evidence and seek legal advice immediately; immediate terminations must be well-founded.
How-To
- Read the termination and note the date of receipt.
- Collect payment receipts, correspondence and photos as evidence.
- File a written objection if you want to contest the termination.
- Contact a tenant association or legal aid for review.
Help and Support / Resources
- RIS: Legal Information System of the Federal Government
- Justice: Information on courts and procedures
- JustizOnline: Electronic forms and services
