Tenant Rights: Termination, Protection & Eviction in Austria
As a tenant in Austria you need clear information when landlords terminate leases or when tenant protection and possible eviction are at stake. This guide explains in plain language your rights as a tenant, common reasons for termination, which deadlines apply and how to gather evidence. You will learn when a termination is lawful, which formal requirements to check and how proceedings before the district court and, if necessary, the Supreme Court proceed. At the end you will find practical steps to secure rent payments, report defects and prepare for a possible legal dispute. We also explain how to use forms, monitor deadlines and find official information sources.
What does a landlord termination mean?
A termination by the landlord ends the tenancy if it is made in the correct form and within required deadlines. In Austria special rules apply under the Mietrechtsgesetz (MRG) and general tenancy provisions.[1] It is important whether the termination was delivered in writing, whether reasons were given and whether deadlines were observed.
Common reasons for termination
- Rent arrears / non-payment of rent (rent)
- Illegal subletting or other serious contract breaches (illegal)
- Owner s personal need or planned modernization
- Disturbance of the peace or serious nuisance
Tenant protection, deadlines and court
Tenants have protection under certain conditions, for example against abuse of termination rights or in socially vulnerable situations. Check the contractual and statutory notice periods; disputes are often handled by the district court.[2] Handling deadlines is crucial: respond in time if you wish to object or file a claim.
What to do if you receive a termination
- Immediately check the termination deadline and the date of service.
- Request the written reason for termination and verify formal requirements.
- Secure evidence: payment records, emails, photos and witnesses.
- Consider legal steps before the district court or use advisory services if needed.
FAQ
- Can the landlord terminate me at any time?
- No. Terminations must meet statutory and contractual requirements; arbitrary or formally defective terminations are ineffective.
- What is the most common notice period for ordinary terminations?
- Notice periods vary by contract type and law; check your contract and the MRG or contact the district court.[2]
- Where can I find official forms for court procedures?
- Official court forms and e-forms are available on the Justiz-Online platform.[3]
How-To
- Check the deadline and determine when it starts.
- Request and review the written reason for termination.
- Collect evidence: bank statements, photos, logs.
- If necessary, file a claim or objection at the district court.
Key Takeaways
- Document all correspondence and payments immediately.
- Observe deadlines precisely; they are often decisive.
Help and Support / Resources
- Help: Mieter rights information in RIS[1]
- Contact: court jurisdictions and procedures[2]
- Forms: Justiz-Online e-forms and submissions[3]
