Reader question: Which facts do I need to document if I sleep elsewhere because of unbearable living conditions and am accused of non-use?
You are temporarily sleeping elsewhere because the conditions in your Austrian rental flat make further use unreasonable. Now you are accused of no longer needing the flat. For an assessment neither the mere number of your overnight stays nor the statement that you intend to return at some point is sufficient. Bring together the actual living condition, the reason for relocating and the return plan.
Define the accusation of termination precisely
In the relevant MRG scope of application §30 paragraph 2 number 6 names the non-regular use to satisfy an urgent housing need as a ground for termination. The provision explicitly contains exceptions for certain reasons for absence. Whether the provision is applicable to your flat and how the specific accusation is substantiated must be examined. [MRG30][MRG1]
Therefore prepare the complete letter with receipt data and contract documents. An informal notice and a judicial notice of termination require different procedural steps. Ongoing judicial response deadlines require immediate concrete examination; this article does not calculate them.
Document cause and duration of the absence
Create a short chronology: Which conditions existed before relocating? When were they reported? Since when have you been using the alternative accommodation and why? Which works or clarifications have been carried out in the meantime? Distinguish events you observed yourself from defects established by experts.
Keep reports, replies, appointment notifications and existing inspections. A factual timeline can show whether you had to relocate because of the condition or permanently chose another housing solution for other reasons. Do not gloss over contradicting facts; they are precisely what belong in the consultation.
What a concrete OGH case shows
In decision 7 Ob 42/24 p of 17 April 2024 the matter concerned massive deficiencies in the building and a defective heating system. The tenant slept elsewhere temporarily and planned to return after the renovation works. The OGH did not allow the extraordinary appeal against the negative injunction. [OGH724]
The reasoning distinguishes a cessation of use attributable to the tenant party from relocating due to an unusability that is not the tenant’s fault. However it does not confirm a general permission to keep any flat unused indefinitely for arbitrary reasons. The established conditions and the specific connection were decisive. [OGH724]
State the return as an actual plan
Note what your return currently depends on: for example a specifically named restoration and its expert confirmation. What information have you received about this? Which points still prevent reliable planning? The article does not demand a return into an unresolved dangerous situation.
In the hypothetical case a repair completion is announced, but a necessary follow-up appointment is still open. The tenant secures both pieces of information and asks for the complete work status. They do not replace the missing clearance with a self-invented return date.
Separate rights and practical accommodation
An alternative sleeping option by itself proves neither a final abandonment of the flat nor the continued existence of all rights. Have actual housing need, cause of the condition and procedural status assessed together. Rent payment, possible accommodation costs and necessary works are further separate questions.
The goal is a comprehensible answer to the specific accusation of non-use. Your file package should explain why you are relocating and how the flat in question still belongs in your actual housing plan, rather than merely asserting an abstract intention to return.