You have found a new flat or are moving away for work? Then you must terminate your tenancy in good time and in the correct form, otherwise you will pay longer than planned. Which notice period applies depends mainly on whether your contract is for a fixed term and whether the Mietrechtsgesetz (MRG) applies to your flat.
Notice period and termination date: two different things
The notice period is the period that must elapse between the landlord receiving the notice and the end of the contract. The termination date is the day on which the contract ends. For flats, and unless otherwise agreed, this is the last day of the month [S1]. What matters is when the notice reaches the landlord, not when you send it [S1].
Open-ended contract: one month to the end of the month
Unless your contract says otherwise, the rule for flats is: termination on the last day of the month, and the notice must reach the landlord at least one month beforehand if you pay rent monthly; if you pay at longer intervals, the period is three months [S1]. If you have agreed a different date or period in the contract, that agreement generally applies [S1]. Therefore read the contract carefully before serving notice.
Illustrative example: You want to move out on 31 January 2027. Then your notice must be received by the property management no later than 31 December 2026.
The short 14‑day period from the ABGB does not apply to flats; the decisive dates and periods are those of the Zivilprozessordnung, i.e. the last day of the month and one or three months [S2][S1].
Fixed-term contract: after one year with three months' notice
You can also terminate a fixed-term tenancy for a flat within the full or partial scope of the MRG before it expires: after the first year of the agreed or extended term you may terminate at the last day of any month, with three months' notice [S3]. Neither the contract nor any clause can take away or restrict this right [S3]. This also applies if an expired fixed-term contract has automatically renewed; you may then terminate at any time with three months' notice to the last day of a month [S3].
Illustrative example: Your fixed-term contract has been running for more than one year. If you want to move out on 31 March 2027, the notice must be received no later than 31 December 2026.
The correct form: signed and provable
As a tenant, within the scope of the MRG you must give notice either in court or in writing [S4]. Writing means: with your signature [S5]. An informal e‑mail is not sufficient [S6]. A registered letter with return receipt is advisable so you can prove receipt [S6]. If several people rent together, all should sign.
What should a notice contain? Name and address, the exact flat address, the statement that you are terminating the tenancy, the desired end date, date and signature. Request an appointment for the handover of the flat at the same time.
Too late? The notice still counts — just later
Within the scope of the MRG: if your written notice only arrives once the period for the desired termination date has already begun, it is not void: it then takes effect for the next termination date for which the period is still complied with [S4]. For a one‑month period this usually means one month more rent.
Illustrative example: Your notice to end on 31 January 2027 only arrives on 4 January 2027. Then the contract ends on 28 February 2027.
An agreed termination at an earlier date is possible at any time if the landlord agrees [S7]. Put such an agreement in writing.
Special cases and flats outside the scope of the MRG
- Unusable or health‑hazardous flat: If the flat is unfit for the agreed use, you can immediately rescind the contract without notice; in cases of health hazard this applies even if you waived it in the contract [S8]. Seek advice before taking this step.
- Death of the tenant: For flats within the full or partial scope of the MRG, close relatives with an urgent housing need who previously lived in the same household enter into the contract; anyone who does not wish to do so must notify this within 14 days [S12]. If there are no such persons, the heirs may terminate with the statutory notice period; the landlord needs a statutory reason for termination [S13]. For flats entirely outside the MRG, heirs and the landlord may terminate the tenancy with the statutory notice period [S9].
- Flat entirely outside the MRG, for example in a building with at most two flats: for open‑ended contracts the same statutory periods and dates apply unless otherwise agreed [S1][S7]. However, you cannot terminate a fixed‑term contract there after one year unless the contract permits it or there is an important reason [S10].
After moving out the landlord must return the deposit plus interest without delay, insofar as they have no legitimate claims [S11]. A joint handover protocol with photos helps. In case of uncertainty, the Arbeiterkammer of your federal province or a tenants' organisation will advise you.