Waiting List & Allocation: Tenant Appeal in Austria

As a tenant in Austria, allocation of municipal or cooperative housing through waiting lists can feel frustrating and opaque. If you believe you were passed over in allocation or notice errors in the waiting list, there are formal routes for appeals and complaints. This text explains which deadlines to watch, which evidence helps, where to find complaint offices and when court action may be appropriate. The guide also helps with deadline calculation, formal requirements for submissions and shows which authorities and courts are competent. Keep copies of all documents and respond promptly to correspondence.

What to do when appealing a waiting list decision?

First check the written allocation rules from your municipality or cooperative and relevant regulations such as the Mietrechtsgesetz.^[1] Note deadlines and contact persons at the allocation office. Immediately collect all relevant documents: applications, emails, allocation notices and photos of paperwork. Request a written explanation of the decision and submit a formal appeal to the responsible office at the same time.

First steps

• Check deadlines and file the appeal within the required timeframe.
• Gather evidence: letters, emails, photos and a chronological list of events.
• Contact the allocation office or municipality and request a written justification.
• If necessary, submit a formal complaint to the competent body.

If administrative objection does not help, the route to the district court can be considered; competencies and procedures follow civil procedure rules.^[2] In some cases, deadlines or formal requirements are handled via JustizOnline.^[3]

FAQ

Who can file an appeal against a waiting list allocation?

Generally, the affected tenant or an authorized person can file an appeal; municipalities, housing cooperatives and allocation offices are often directly responsible.^[1]

What deadlines apply for appeals and complaints?

Deadlines vary by municipality or cooperative; pay attention to written rules and calculate deadlines early to avoid losing rights.

Can I go to court if the complaint is rejected?

Yes, in many cases legal action via the district court is possible; check jurisdiction and procedures under the ZPO and seek legal advice if necessary.^[2]

How-To

1. Determine deadlines and note the final date for appeal.
2. Draft a clear written appeal and state your reasons.
3. Collect all evidence and organize copies chronologically.
4. Contact the complaint office or municipality and request confirmation of receipt.
5. If necessary, consider court action at the district court.
6. Keep copies of all submitted documents and track deadlines.

Key Takeaways

• Deadlines are binding and often short.
• Good documentation is often decisive for success.
• Use official contacts and request confirmations of receipt.

Help and Support / Resources

• [1] RIS: Legislation and the Mietrechtsgesetz
• [2] Judicial competencies and procedures
• [3] JustizOnline: Forms and electronic submissions

1. [1] RIS: Legislation and the Mietrechtsgesetz
2. [2] Judicial competencies and procedures
3. [3] JustizOnline: Forms and electronic submissions