An apartment was provided in connection with employment. The employment has ended, the person continues to live there and pays the amount previously charged. The rental file still states Dienstwohnung. Whether this old notation fully describes the current contractual status cannot be decided solely by the duration of continued residence.
First document the starting situation
§ 1 Absatz 2 Ziffer 2 MRG contains an exception for service, in-kind or work accommodation associated with an employment relationship. [M1] The following line of inquiry assumes that this original classification actually fits. An apartment owned by an employer must therefore first be classified on the basis of the concrete provision and contracts.
Gather together the employment contract, housing agreement, original assignment and any existing amendments. Clarify which person received which use at the time and what the connection to the employment was. If a decisive document is missing, the starting situation remains visible as an open preliminary question.
Distinguish continued use from a later agreement
The OGH explains in 4 Ob 73/26b of 6 August 2026: continued provision after the end of employment and the acceptance of rent do not by themselves change the previous basis. A tacit conversion into an MRG-protected tenancy is possible, but will be strictly examined. [J73] § 863 ABGB requires that declarations by conduct be assessed in the light of all circumstances. [A863]
Accordingly, the examination needs the actual subsequent development. Look not only for the last payment received, but for correspondence about continued use, new contract drafts, confirmed changes and the related timeline. Also keep documents that speak against the previously favoured assessment.
A case with two different file statuses
In the fictional case a landlady initially only finds monthly payments and an old Dienstwohnungsvermerk. She does not derive a conclusive result from this alone. In the supplementary search a later message appears in which an ordinary tenancy agreement was discussed. Whether this was actually agreed is unclear on the basis of the complete replies and further documents.
She prepares a short chronology: original provision, end of the employment, content of later discussions and existing statements. Legal counsel receives the complete group of messages. An isolated line would precisely obscure the question of a later agreement.
Direct the review request to the present decision
Request a reasoned classification: what title of use exists today and what significance do the evidenced later actions have? Only then can the specific further question be framed, for example a desired contract amendment or a termination route. The article does not confirm any claim for eviction and does not set an eviction deadline.
The OGH dismissed the extraordinary appeal in the case mentioned. [J73] Its decision is therefore neither a new standard agreement nor a release for every similarly labelled apartment. For your file you need the result that fits your own facts together with named uncertainties. Subsequently, future communication and contract documents will be aligned with this examined position.