Who Pays When Tenants End Lease for Job or Move in Austria
If you as a tenant in Austria must terminate your lease because of a job change or move, questions about costs, deadlines and return often arise. This article explains clearly what duties tenants and landlords have, how notice periods work, who may be responsible for renovation or repair costs and what to watch for during the handover. We provide practical steps, examples of legitimate costs and how to secure evidence so that disputes can be avoided or better resolved in court. The language is kept simple; legal terms are explained and action steps described so you can confidently assert your tenant rights.
What applies for termination due to job or move?
In Austria many matters depend on the lease and statutory rules such as the Mietrechtsgesetz (MRG).[1] As a rule the tenant remains responsible until the end of the agreed notice period unless landlord and tenant agree otherwise.
Rights and obligations
- Meet deadlines: Check contractual and statutory notice periods and give notice in writing.
- Deposit: Return rules depend on the apartments condition and statutory provisions.
- Create handover protocol: Document condition with photos, meter readings and signatures.
- Repairs: Normal wear is generally the landlords responsibility; small cosmetic repairs may be set in the lease.
Costs at termination: who pays what?
Whether tenant or landlord bears costs depends on the cause and the contract. Leaving due to a job or move alone does not usually obligate the tenant to pay extensive renovations; obligations follow the lease and the apartments condition at move-in. If necessary, the district court decides.[2]
- Renovation costs: Tenant is liable only for damage exceeding normal wear or contractual obligations.
- Damages: Document and report damages immediately to reduce recovery claims.
- Short-term replacement tenants: Agreements about finding replacements should be written.
Practical action steps
- Check the lease: Read notice periods and renovation clauses carefully.
- Inform the landlord: Send written notice and propose a handover date.
- Prepare the handover: Take photos, note meter readings and prepare a protocol.
- Request deposit: Ask in writing for the deposit return after handover.
- If dispute arises, file at the district court and use JustizOnline forms.[2]
FAQ
- Who pays renovation costs when terminating for a job or move?
- Renovation costs are generally borne by the tenant only if there are damages beyond normal wear or contractual renovation duties; exact rules are in the lease and the MRG.[1]
- Can landlords demand replacement tenants?
- The landlord can review contract terms; often an amicable solution is best, but set-off rights exist only in certain cases.
- Where to turn in disputes about deposit or costs?
- District courts handle disagreements; use documentation and, if needed, legal advice or JustizOnline forms.[3]
How-To
- Check the lease and note notice periods and obligations.
- Send written notice and confirm receipt.
- Prepare the handover: photos, meter readings and protocol.
- Request the deposit return in writing after handover.
- If necessary, file at the district court and use JustizOnline forms.[2]
Key Takeaways
- Notice periods are central and must be followed in writing.
- Handover protocol and photos protect against later claims.
Help and Support
- [1] RIS - Legal Information System of the Republic
- [2] Justice - Information on Courts and Procedures
- [3] JustizOnline - Electronic Forms and Filings