Tenants: Who Pays for Landlord's Own Use in Austria
As a tenant in Austria, you may feel uncertain when served a termination for a landlord's personal use. This guide explains clearly who bears which costs, what tenant rights exist and which deadlines apply. You will learn when a landlord can legitimately claim personal use, what claims for moving costs or compensation may arise and how to formally object or seek an amicable solution. The guide uses plain language and concrete steps so you can meet deadlines, secure evidence and, if necessary, assert your rights before the district court. We also describe the role of the security deposit, whether rent reduction is possible and how an adequate replacement dwelling can be agreed. At the end you will find practical tips for collecting photos, correspondence and witnesses, plus links to official forms and court information.
What does personal use mean?
Personal use means the landlord needs the apartment for themselves or family members. Austrian tenancy law regulates when personal use is permissible and which formal requirements the landlord must meet.[1]
Who pays which costs?
Generally, each party bears their own costs. Tenants typically pay for moving and replacements themselves, unless the termination was unlawful or abusive; then claims for compensation may arise.
If you consider legal action or need forms, district courts and JustizOnline are the right contacts.[2]
- Check deadlines: observe the termination period and surrender date.
- File an objection: respond in writing with reasons.
- Claim moving costs: only possible for unlawful conduct.
- Secure evidence: keep photos, contracts and correspondence.
FAQ
- Who pays moving costs if the landlord claims personal use?
- Generally the tenant bears the costs, unless the landlord terminated abusively or without proper justification; then compensation or reimbursement of moving costs may be possible.
- Can I object as a tenant to personal use?
- Yes. You can object in writing within the applicable deadlines and state reasons; in disputes the district court can decide whether the personal use was justified.
- What happens to the security deposit if I move out because of personal use?
- The security deposit remains until the apartment is properly returned and accounted for; unjustified claims against the deposit can be legally challenged.
How-To
- Check deadlines and date the termination precisely.
- Write an objection and state the reasons clearly.
- Collect evidence: document photos, messages and witnesses.
- Consider or file a claim at the district court if necessary.
Key Takeaways
- Personal use must be justified by the landlord.
- Observe all deadlines and reply in writing.
- Secure evidence early to strengthen your position.
Help and Support
- Contact: RIS - Legal Information System
- Contact: Justiz.gv.at - Court Information
- Contact: JustizOnline - Forms
