Tenant Termination in Austria: Deadlines
If you need to terminate your tenancy in Austria because of a job change or a move, it is important to know deadlines, formal requirements and your rights. This article clearly explains which types of termination are possible, how to calculate notice periods, what obligations apply at the apartment handover and which documents are helpful. We show step by step how to draft a legally effective written termination, which records to collect and how to avoid or prepare for disputes. The guidance is based on Austrian tenancy law and typical court procedures so you can act confidently and prepared. At the end you will find a clear how-to, frequently asked questions and links to official court and legal sources for Austria so you can quickly find the right forms and information if needed.
When can a tenant terminate?
As a tenant in Austria there are two main types of termination: ordinary and extraordinary termination. Ordinary termination takes effect at the end of a contractual or statutory notice period, as regulated in the lease or under tenancy law.[1] Extraordinary termination is possible for serious reasons, such as when a job change requires a rapid move or the apartment has severe defects.
Tenants generally have the right to terminate extraordinarily if a serious reason exists.
Deadlines and form
- Ordinary termination: check your contractual notice period and calculate the exact date carefully.
- Written form: terminations should be in writing with a signature and the receipt should be documented.
- Extraordinary termination: possible immediately for serious reasons; provide supporting evidence.
Respond to deadlines in time, otherwise you may lose your termination rights.
Apartment handover and return
Prepare the handover thoroughly: create a handover protocol, take photos and note meter readings. Clarify outstanding claims and the return of the deposit with the landlord in good time.
- Handover protocol: record condition, damages and meter readings in writing and with photos.
- Deposit: clarify deadlines and possible deductions before returning the apartment.
- Keys: hand over all keys and have receipt confirmed.
Detailed documentation increases your chances of resolving disputes successfully and quickly.
FAQ
- How long is the notice period?
- The period depends on the lease and the contract type; three months often apply for open-ended leases, so check your contract and the tenancy law.[1]
- Can I terminate because of a job change?
- Yes, a job change is a common reason for termination; evidence of the new workplace or employer can support your case if needed.
- Do I have to return the apartment broom-clean?
- It is customary to return the apartment broom-clean; normal wear and tear is not considered damage, but heavy soiling can lead to deductions from the deposit.[2]
How-To
- Check the lease to determine whether ordinary or extraordinary termination applies.
- Draft a clear signed written termination with the date and handover time.
- Service: deliver the termination with proof (registered mail or handover with signature).
- Prepare the apartment handover: protocol, photos and key transfer.
Help and Support
- RIS: Tenancy law (MRG)
- JustizOnline: Forms and e-Services
- Justiz.gv.at: Information on court procedures
