Viewing Rights for Tenants in Austria
As a tenant in Austria you may wonder what rights you have when the landlord wants to view the apartment for re-renting or sale. You are protected by statutory rules such as the Tenancy Act and general data protection and house-right principles. This text explains in plain language when viewings are permitted, what notice periods apply, how landlords must announce visits and which protections exist for privacy and photographs. I also describe practical steps for documenting viewings, challenging unjustified requests and preparing for meetings. I also explain how to respond to short-notice appointments, which exceptions may apply and when legal advice is appropriate.
What applies to viewings?
In principle, landlords may enter apartments when there is a legitimate reason, for example re-renting or sale. Many details are found in the Tenancy Act[1], but in addition data protection and general house-right apply: appointments must be reasonable, proportionate and respect your privacy. Unannounced entry is usually not permissible.
When are viewings allowed?
- Observe notice periods: landlords must announce appointments in good time (deadline).
- Announcement in writing or by e-mail: state the reason and time of the viewing.
- Privacy protection: photos, video or searches of private areas only with consent.
- Disclose purpose: re-renting or sale should be identifiable (appointment).
If there is a dispute, district courts often decide on permissible times and scope; legal actions should be well documented.[2]
How can tenants prepare practically?
- Documentation: note date and time, take photos of condition and any defects.
- Repairs and access: clarify in advance whether defect remediation is planned and request written confirmation if needed.
- Protect privacy: ask to limit photographs in private areas.
- Communication: request or confirm appointments by e-mail for proof.
What to do for short-notice or repeated viewings?
If appointments are very short-notice or viewings occur repeatedly, tenants can object and insist on reasonable scheduling. In complex cases it can be sensible to seek mediation or legal advice. Forms for legal actions and information about procedures are available on JustizOnline.[3]
FAQ
- Can the landlord just come by for a viewing?
- No. Generally the landlord must announce an appointment and state a legitimate purpose.
- How much notice is usual?
- Reasonable notice depends on the purpose; short-notice appointments must be justified and may be refused if they are unreasonable.
- Can I prohibit photos during a viewing?
- Yes, especially in private areas you may restrict photographs or require written consent.
How-To
- Confirm appointments in writing: confirm proposed times by e-mail and request the reason.
- Create documentation: note date, participants and the apartment condition with photos.
- Seek advice: contact tenant advice centres or consider legal steps for repeated or unreasonable requests.
- Protect privacy: refuse photographs in private areas without consent.
Help and Support / Resources
- JustizOnline: Forms and e‑Services
- RIS: Legal texts and information
- Justiz.gv.at: Information on court procedures
