Tenant Termination: Deadlines in Austria

As a tenant in Austria it is important to know how to terminate your lease correctly: which deadlines apply, which formal requirements to observe and what rights you have on return or in case of defects. This guide explains in plain language which notice periods are common under the MRG^[1] and contract law, how termination should be formally delivered and which steps you can take if the landlord makes claims or repairs are outstanding. The information is aimed at tenants without legal background and gives practical advice on preserving evidence, communication and contacts in Austria. You will also learn how notice periods can vary for primary or subtenancies, which deadlines apply for ordinary and extraordinary terminations and how to seek legal help if unsure.

What does terminating yourself mean?

"Terminating yourself" means the tenant ends the tenancy independently. Ordinary terminations with adherence to a notice period differ from extraordinary, immediate terminations in case of serious defects or breaches of contract. If in doubt, check the lease and note agreed deadlines and special provisions.

Important notice periods

• Period for open-ended leases: usually three months, unless the contract specifies otherwise.
• Fixed-term leases: the tenancy normally ends automatically at the agreed expiry date.
• Extraordinary terminations can be immediate if serious defects are present.

Form and delivery

The termination should be in writing and clearly state the notice period and end date. Registered mail with return receipt or handover against a receipt are recommended. If delivery is uncertain, court-ordered service may be necessary.

• Written termination: include tenant signature and full address.
• Delivery: registered mail with return receipt or personal handover with confirmation of receipt.
• Observe deadlines: the delivery date often determines when the notice period begins.

Rights regarding defects and return

For defects, tenants have the right to remediation or a rent reduction until the defect is fixed. Before returning the property, document defects in writing, take photos and, if necessary, set deadlines for remediation. At handover, a joint handover protocol with signatures of both parties is recommended.

• Report defects: send a written defect notice to the landlord with a deadline for remedy.
• Preserve evidence: collect photos, emails and witness statements.
• Handover protocol: record condition, key return and meter readings.

FAQ

What notice period applies to open-ended leases?

For many open-ended leases the notice period is three months unless otherwise agreed; check your lease for different rules.

Does the termination have to be in writing?

Yes, written form is recommended and in many cases necessary to provide proof of content and date of termination.

How do I get my security deposit back?

After handover the landlord must deduct any outstanding claims and return the remaining deposit with a settlement; in case of dispute the district court may be competent.^[2]

How-To

1. Prepare written termination: include date, address, termination date and signature.
2. Check deadlines: review the lease and statutory notice periods.
3. Ensure delivery: choose registered mail or personal handover with receipt.
4. Secure evidence: collect photos, defect notices and correspondence.
5. Log communications: keep written records of conversations and appointments.
6. If dispute arises: gather procedural information and consider filing via court or using JustizOnline.^[3]

Help and Support

• MRG - Legal text at RIS
• Information on courts and procedures
• JustizOnline - forms and electronic service

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at - Courts and information
3. [3] JustizOnline - Forms and electronic service