When Can a Landlord Enter a Tenant's Home in Austria
As a tenant in Austria you have a right to privacy – but a landlord may have access rights in certain situations. This article clearly explains when and how a landlord may enter the rental, what deadlines and formal requirements apply, which exceptions exist for emergencies or necessary repairs, and how you as a tenant can document and enforce your rights. We describe possible notices, deadlines, reasons for refusal and court procedures. The aim is to give tenants practical steps, templates and pointers so that inappropriate intrusions are prevented and necessary inspections proceed legally. If in doubt, official sources and legal action can help. Read on for concrete guidance.
Legal framework
The main rules are set out in tenancy law and related provisions; the Mietrechtsgesetz (MRG) is the central basis in Austria.[1]
When may the landlord enter?
- Viewing for re-rental with notice (within 48 hours).
- Urgent repairs or imminent danger, for example to prevent damage (repair).
- Meter readings after notification (within 14 days).
- On-site appointment after a court order or at return deadlines (court).
Which deadlines apply?
- Typical notice periods: short notice or within 24-48 hours depending on the reason.
- Some appointments must be announced in writing (formal requirement).
- Court actions follow the deadlines of the judiciary and civil procedure rules.[2]
Official forms and court filings are available via JustizOnline.[3]
What tenants can do
- Document every entry with date, time, photos and witnesses (record).
- Request a written notice or a short notice by email where possible.
- Contact legal advice or mediation services if unlawful intrusions occur.
FAQ
- Does the landlord have to announce beforehand?
- In most cases yes, a notice or appointment is required, except in cases of imminent danger.
- Can the landlord repair without consent?
- For urgent repairs the landlord may require access; you should document the event.
- What role does the Mietrechtsgesetz (MRG) play?
- The MRG and related provisions govern many access issues in Austria.[1]
How-To
- Ask for a written notice or email with date and time (within 48 hours).
- Document entries immediately: photos, notes and witnesses.
- Contact the courts or an advisory service if rights were violated.[2]
