Tenants: Request Stay of Eviction in Austria
If you are a tenant in Austria facing a threat of eviction, requesting a stay of eviction can buy crucial time. This step allows you to clarify legal questions, negotiate payment plans or resolve housing disputes while remaining in the apartment. Important documents include the tenancy agreement, proof of payments, correspondence with the landlord and photos of the condition. Deadlines must be observed precisely; the district court often decides on applications and further procedures.[1] In many cases legal advice or tenant protection organizations help to review claims and prepare applications correctly. Read on to learn which steps are necessary, which deadlines apply and which documents you should collect.
What is a stay of eviction?
A stay of eviction is a judicial order or decision that temporarily suspends the enforcement of an eviction. The stay serves to clarify legal or practical issues, such as payment agreements or procedural errors. It provides short-term protection for tenants but is not a final solution if the landlord lawfully terminated the tenancy.
Document all payments and correspondence immediately.
When can tenants in Austria request a stay?
Tenants may request a stay if important reasons argue against immediate enforcement or if there are procedural defects. Typical cases include ongoing legal remedies, proof of payments or serious health reasons.
- Payment difficulties with proof or negotiated installment agreements.
- Ongoing court proceedings or pending objections to the eviction.
- Health or social hardship cases that make immediate departure unreasonable.
- Procedural errors in service or incomplete statutory procedures.
How to apply for a stay of eviction
Brief overview: gather evidence, seek legal advice and file a written application at the competent district court. Pay attention to form and deadlines; an incomplete application can be rejected.[2]
Well-organized files increase chances of success in court.
FAQ
- How do I apply for a stay of eviction?
- You file a written, reasoned application at the competent district court, attach evidence and request suspension of enforcement.
- How long does the decision take?
- Duration varies; the district court often decides within a few weeks, complex cases may take longer.
- Are there costs or fees?
- Court proceedings may involve fees; in some cases legal aid may be available.
How-To
- Collect all relevant documents: tenancy agreement, payment receipts, correspondence and photos.
- Contact legal advice or tenant protection organizations to assess your chances.
- Draft the written application to the district court and attach supporting documents.
- Submit the application to the competent district court and request suspension of enforcement.
- Prepare for a possible oral hearing and respond promptly to court requests.
File applications on time to avoid legal disadvantages.
Help and Support
- [1] JustizOnline - Forms for court procedures
- [2] RIS - Tenancy Law (MRG)
- [3] Justiz.gv.at - Information on district courts
