Tenant Template: Landlord's Eigenbedarf in Austria
Tenants in Austria often face time pressure and uncertainty when receiving a landlord's personal-use (Eigenbedarf) notice. This article explains in plain language what tenants' rights and obligations are, which deadlines must be observed and how to respond using a template letter. We show practical steps to check the notice, document evidence and file an objection or seek alternative solutions. The goal is to provide tenants with clear options to protect their rights and communicate factually with the landlord. If necessary, we point to responsible authorities and court contact points and give guidance for preparing a possible legal proceeding.
What does "Eigenbedarf" mean?
Eigenbedarf occurs when the landlord needs the apartment for themselves, close relatives or household members. The notice must state the reason in writing and specify a concrete need. Check whether the notice is formally correct and whether the justification seems plausible. Special tenant protection rules apply under the Mietrechtsgesetz; therefore examine the letter carefully.[1]
Immediate steps after receipt
- Check the termination notice for form, justification and signature.
- Note the date of receipt and all relevant deadlines.
- Collect evidence: copies of the notice, photos and prior correspondence.
- Contact the landlord in writing to clarify and keep records of replies.
Rights and defense options
As a tenant you can, under certain conditions, file an objection or claim social compatibility of the termination. There are special protections for elderly or disabled tenants and rules for hardship reviews. Learn about deadlines for possible lawsuits or responses at the district court if a judicial decision becomes necessary.[2]
Practical sample wordings
A concise, factual template letter can help protect your position. Example contents: note of receipt of the termination, request for information about the exact person claiming personal use, set a deadline for a reply and, if applicable, state that you will examine hardship options. Send the letter by registered mail or deliver it with a receipt.
Frequently Asked Questions
- Can I file an objection to a landlord's personal-use termination?
- Yes, tenants can object and raise reasons such as social incompatibility or formal defects. In doubt, observe deadlines and seek legal advice.
- Which deadlines must I observe?
- Deadlines depend on the specific grounds for termination and the contract duration; always note the date of receipt and act promptly.
How-To
- Read the termination letter completely and check the date and justification.
- Collect evidence: lease, prior tenant communications and photos of the apartment.
- Draft a short, factual template letter with a deadline and send it by registered mail.
- Monitor deadlines for objections or court action and schedule advice appointments if needed.
- If necessary, submit documents to the district court or use JustizOnline for court forms.
Help and Support / Resources
- RIS - Legal texts and tenancy information
- Justiz.gv.at - Information on procedures and courts
- JustizOnline - Forms and e-services
