A letter with the word “Kündigung” unsettles. For most rental flats in Austria, however, the landlord cannot simply terminate an open-ended contract: they need a legally recognised reason and must go via the courts. Here you can read which reasons these are, how the procedure works and which deadline you must not miss.
Who the protection against termination applies to
The protection against termination under the Mietrechtsgesetz (MRG) applies in the scope of full application, typically in older buildings, and also in the scope of partial application, for example for privately financed new-build flats and many rented condominiums [S1]. It also generally applies to subtenancy agreements [S2].
Certain properties are entirely excluded, among them flats in buildings with at most two independent flats or commercial premises and service residences [S1]. There the landlord can terminate an open-ended contract without a special reason by observing the notice period [S9]. In the absence of a deviating agreement, a flat is to be terminated to the last day of the month, with one month’s notice when rent is paid monthly [S7].
Only for an important reason
Within the scope of the MRG the landlord may only terminate for important reasons [S2]. The law lists a number of such reasons. The most common are [S2][S8]:
- Rent arrears: You are in arrears with the rent for at least eight days after due date despite a reminder.
- Significantly detrimental use: The flat is severely neglected, or grossly inappropriate behaviour makes cohabitation unbearable for the fellow residents.
- Transfer to another: The flat is handed over in its entirety and will not be needed by the landlord in the near future, or it is sublet for a disproportionately high payment.
- No regular use: The flat does not serve an urgent residential need; absence owing to a cure, education or employment does not count.
- Owner’s own need (Eigenbedarf): The landlord urgently needs the flat for themselves or their descendants.
- Agreed reason: A circumstance that is important and significant for the landlord and has been recorded in writing in the contract occurs.
There are also cases such as the demolition of the building or the refusal to raise the standard of a category-D flat; in such cases the landlord must provide you with an alternative flat [S2]. An agreement that grants a free or further-reaching right of termination is ineffective [S2].
Owner’s own need: stricter than often thought
Owner’s own need only suffices if it is urgent. In addition, the court carries out a balancing exercise: the termination succeeds only if the landlord would suffer a disproportionately greater disadvantage from the continued existence of the contract than you would from the termination [S2]. This balancing does not apply to a rented condominium that the owner of the flat has rented out after establishing the condominium ownership [S2]. A person who has acquired a tenement house inter vivos, for example by purchase or gift, can rely on such owner’s own need only if at least ten years elapse between the acquisition and the termination date [S2].
How a termination proceeds
The landlord can only terminate by court order; a mere letter does not end a protected tenancy agreement [S3]. The termination must briefly state the reasons; they cannot later be supplemented with other reasons in the same proceedings [S3]. If you raise objections, the landlord must prove the reason for termination [S3].
You have four weeks to lodge your objections [S4]. If you miss this deadline, the termination can become effective without your arguments being examined. If you have missed the deadline without fault, reinstatement (Wiedereinsetzung) may be considered [S3].
Fictitious example: On 3 November 2026 you find a deposit notice from the district court. Collect the document immediately and seek advice – the deadline can already begin to run from the first possible day of collection [S10].
Rent arrears: payment can avert the termination
If a termination was issued because of rent arrears and you bear no gross fault for the arrears, the court will lift the termination if you pay the owed amount before the end of the last hearing in the first instance [S3]. You will usually have to bear the costs of the proceedings then [S3]. Independently of that, the landlord can, in the case of payment default after a reminder or in the case of significantly detrimental use, also demand termination of the contract with an action for eviction [S5][S6]. In an eviction action for payment default a timely full payment without gross fault likewise helps [S3].
Fixed-term contracts
If a valid fixed-term contract expires, it ends without termination [S6]. The landlord can only terminate it early in narrow cases, for example in case of payment default or significantly detrimental use [S6]. If the fixed term is invalid, for example because of lack of written form or too short a duration, the contract is deemed to be open-ended – and full protection against termination then applies [S6].
What you should do
Always respond to court mail immediately, even if you consider the termination unjustified. Collect proof of payments, correspondence and the tenancy agreement. You can obtain advice from the Arbeiterkammer of your federal state, from tenant organisations or from the judicial ombuds offices; legal representation can be sensible in court proceedings.