Termination Deadlines for Tenants in Austria
Many tenants in Austria face the question of which termination deadlines apply and how to terminate correctly themselves. This guide explains in plain language which deadlines are common for open-ended and fixed-term tenancy agreements, how to calculate deadlines and which formal requirements must be observed. You will receive practical steps for written termination, advice on proof of delivery and information on special cases such as early termination or breaches of contract. I also describe the role of the Tenancy Law (MRG) and where you can find official forms[1][2]. Read the notes on delivery and documentation so that deadlines and evidence are clear.
When do which deadlines apply?
Whether and which deadlines apply to your termination is determined by the rental agreement and the Tenancy Law (MRG). Open-ended contracts usually provide for notice periods; fixed-term contracts typically end at the agreed time. Special contract clauses may apply. Check your contract carefully and consult the MRG if in doubt.[1]
Typical notice periods (examples)
- Open-ended tenancy: A three-month notice period is often agreed.
- Fixed-term contract: Termination only if contractually or legally permitted, otherwise ends on the agreed date.
- Contracts with special clauses: Observe contractual notice provisions and, if necessary, seek legal review.
How deadlines are calculated
Calculation starts from the date your notice is delivered. Many deadlines end on the last day of a full month or after a full monthly period. For example, if a contract has a three-month notice and your notice is delivered on April 10, the tenancy may end on July 31, but always check the contract and any landlord specifications.
For delivery, use a proof method: registered mail with return receipt or personal handover with written confirmation. Electronic delivery may be possible if contractually agreed.
What to do in special cases
For early termination, defects or landlord breaches, document the situation (photos, defect notices by email or registered mail) and send written deadlines for remediation. In disputes, you can contact the district court or a mediation service.
Frequently Asked Questions
- What notice period do I have as a tenant?
- It depends on the contract; for open-ended tenancy agreements a three-month notice period is often common—check your tenancy agreement and the Tenancy Law (MRG).
- How do I send the termination correctly?
- In writing with proof: registered mail with return receipt or personal delivery with written confirmation are safe options.
- What happens with early termination?
- Early termination can lead to compensation claims or replacement rent; document the reasons and seek dialogue or legal advice.
How-To
- First check your tenancy agreement and note the contractual notice period.
- Draft a written termination with name, address, date and the desired end date.
- Send the termination with proof (registered mail with return receipt or personal delivery with confirmation).
- Keep copies, shipment receipts and delivery confirmations safely.
- If disputes arise, document defects and consider mediation or district court contact.
Key Takeaways
- Always terminate in writing and keep proof of delivery.
- Check your tenancy agreement and the MRG before calculating deadlines.
- Good documentation protects your rights in disputes.
Help and Support / Resources
- RIS: Legal Information System of the Republic
- Justice: Courts and Procedures
- JustizOnline: Forms and e-Services
