Tenants: Permanent vs Fixed-term Leases in Austria
Tenants in Austria often face the question whether a rental agreement is permanent or fixed-term and what consequences follow. Under tenant protections of the MRG[1] formal errors, missing written form or incorrect deadlines can quickly cause problems, for example with termination, rent increases or return of the deposit. This article explains for tenants in plain language the most common mistakes with fixed-term and permanent contracts, which deadlines to watch and which steps you can take if in doubt. You will receive practical advice on documentation, on handling landlord communication correctly and on initiating steps before the district court[2] or conciliation bodies if necessary.
Permanent vs fixed-term: Key points
Briefly: a permanent contract runs indefinitely; a fixed-term contract ends automatically on the agreed date. For tenants under the MRG special rules on validity and termination protection apply.
- Missing written form or unclear fixed-term clauses.
- Deadlines for termination or extension not observed.
- Poor documentation of defects and communication.
- Unclear rules on return, eviction or termination protection.
What to do if there is an error?
First carefully review the contract and note deadlines and dates. Collect evidence: photos, messages and payment receipts are important. Use official forms and information services if needed[3].
Common errors with fixed-term contracts
- Contract without a clear written fixed-term clause.
- Overlooking deadlines for extension or return.
- Not documenting defects or not reporting them to the landlord.
FAQ
- Is an oral fixed-term agreement valid?
- In many cases a clear written fixed-term is required; oral agreements are harder to prove.
- How do I check termination deadlines?
- Read the contract and note deadlines in writing; if in doubt ask authorities or conciliation bodies in good time.
- What if the landlord does not return the deposit?
- Collect payment records and contact the landlord in writing first; if refusal continues filing a claim at the district court may be appropriate.
How-To
- Review the contract and mark fixed-term clauses.
- Enter deadlines in your calendar and set reminders.
- Collect all letters and photos systematically.
- Seek support from authorities or advice centers if uncertain.
- Prepare documents for the district court if legal escalation is needed.
