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KI-Symbolbild: Ein Fenster einer Gründerzeitfassade mit zugezogenem Vorhang und verwelkten Blumen im Kasten, daneben warm beleuchtete Nachbarfenster.
Decision aid Letting Austria

The rented flat appears unoccupied: separate non-use and permitted absence before a termination assessment

Rarely encountering a tenant does not decide a termination for non-use. The assessment needs the housing need, relevant persons and the actual reason for absence.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Austria
For whom
Owners & landlords
Article ID
WX26-P03-0020

The letting page notes that a tenant party is in the hypothetical case rarely seen in the building. At an agreed tradesperson appointment a contact person is reachable instead. From the conversation the suspicion arises: the flat is no longer needed. Before a termination is considered, this suspicion must be translated into a precise, legally appropriate factual situation.

Do not confuse the starting point with actual vacancy

An existing tenancy with suspected non-use is a different task to an already empty flat between two contracts. A new lettings plan is therefore not built on the mere assumption that the previous flat is available again.

It is assumed here that the case is one to which the termination restrictions of the MRG apply. § 30 Absatz 1 requires important reasons for a landlord termination. [M30Z6] Which rules are applicable to the specific contract is clarified in advance by the letting page. The article does not turn an unclear pattern of use into a statement about a tenancy that has already ended.

Pose the legal question in full

§ 30 Absatz 2 Ziffer 6 concerns the non-regular use to satisfy the urgent housing need of the tenant party or persons entitled to take over. The provision excludes absence for spa or course purposes or for professional reasons. [M30Z6]

For preparation the question of when the principal tenant was last seen in the stairwell is therefore not sufficient. The examination must include the legally relevant use and the reason for the absence. Which persons are to be considered in the concrete case is also part of this.

In the hypothetical case there is already an older notification: the tenant party will work temporarily in another city. The letting page includes this document in the factual account. It does not decide that any professional statement by itself resolves all questions, nor does it omit the known reason because it contradicts the first impression.

Distinguish observation, statement and open question

Our editorial recommendation is a concise, factual chronology. This states which information comes from an actually conducted conversation, which documents are present and what is only presumed. A statement by another person remains recognisable as such and is not turned into a personal finding by repeated retelling.

For regular use this article does not invent a general number of nights or visits. Such borderline cases require a concrete legal assessment and, where appropriate, relevant case law. The mere label second residence does not replace this assessment any more than confirmed reachability over a long period does.

The brief to the specialist in the example is: Which facts actually speak for the alleged ground for termination, which speak against it, and which crucial details are still missing? This produces a question that can be answered instead of a pre-decided tale of suspicion.

Examine desired contractual terms and legal limit together

§ 30 Absatz 3 declares agreements invalid that extend landlord termination rights beyond the statutory scope. [M30Z6] A self-drafted particularly strict usage rule is therefore not used as a solution without scrutiny.

Only a complete legal review can give an appropriate next step. In the example the existing professional reason for absence is first clarified. A new letting promise or a self-written termination letter does not yet arise from this. The goal is a reliable decision based on the actual housing situation and the correct legal prerequisites.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.