An action for eviction looms above all where there are qualifying rent arrears despite a reminder, or significantly detrimental use of the flat. The landlord terminates the tenancy with immediate effect under § 1118 of the Austrian Civil Code (ABGB) and brings an action at the district court. Only an enforceable eviction title entitles the landlord to a forced eviction. Self-help by the landlord is not allowed. The key point for tenants: if you pay all the arrears before the declaration of termination is served, as a rule the termination becomes ineffective. If you face homelessness, you can apply for a postponement of eviction under § 35 of the Tenancy Act (MRG).
For tenants and landlords alike, an action for eviction is one of the most serious disputes in tenancy law. On one side, there is the threat of losing the flat; on the other, the loss of rental income and the obligation to follow strict procedural rules. This page focuses on when an action for eviction looms, how it works and what options both sides have – clearly, honestly and without false promises.
When an action for eviction looms
An action for eviction does not come out of the blue. In practice, the two most important triggers are:
Qualifying rent arrears despite a reminder
If the tenant falls behind with the rent and still does not pay after a payment reminder and a reasonable grace period, the tenant is in qualifying rent arrears. This is the most common reason for terminating the tenancy agreement and then bringing an action for eviction. The arrears must amount to more than a brief, minor delay.
Significantly detrimental use of the flat
Significantly detrimental use of the rented premises can also justify termination – for example, serious damage to the fabric of the property, persistent and serious breaches of the house rules or putting other residents at risk. The landlord must provide specific evidence of this ground for termination.
Termination under § 1118 ABGB and an action for eviction at the district court
If one of these grounds applies, the landlord can terminate the tenancy early under § 1118 ABGB. The landlord does this by sending the tenant a declaration of termination. If the tenant then does not move out voluntarily, the landlord brings an action for eviction at the district court with jurisdiction. The court examines whether the ground for termination actually exists; only an enforceable eviction title entitles the landlord to a forced eviction. ‘Self-help’ by the landlord on their own initiative – changing the locks, removing belongings, cutting off the electricity – is not allowed and can backfire on the landlord.
A lifeline for tenants
The steps up to eviction enforcement (forced eviction)
The typical route has several steps:
- 1. Reminder & grace period: The landlord sends a reminder for the unpaid rent.
- 2. Declaration of termination (§ 1118 ABGB): If qualifying arrears remain, the landlord declares the tenancy terminated.
- 3. Action for eviction: If the tenant does not move out, the landlord brings an action for eviction at the district court.
- 4. Proceedings & judgment: The court examines the ground for termination; the tenant can defend themselves.
- 5. Eviction title: If the landlord succeeds, the court issues an enforceable eviction title.
- 6. Eviction enforcement (forced eviction): If the tenant still does not move out, the enforcement court carries out the eviction by force – with an eviction date and a bailiff.
At several of these stages, you have ways to respond and defend yourself. The sooner you act, the more room for manoeuvre you have.
The landlord’s perspective: how to proceed correctly
Landlords should get the formalities right from the outset: send reminders for arrears in a way that can be proven, draft the declaration of termination clearly and in a form that can be served, document deadlines and never attempt an eviction on their own initiative. Formal errors delay the proceedings or cause the termination to fail. Involving a lawyer early ensures that the eviction title holds up and that the proceedings do not founder on procedural errors.
The tenant’s perspective: how to defend yourself
Tenants are not powerless. What matters is to react quickly rather than wait. Check whether the arrears actually qualify and have been calculated correctly, and whether a justified rent reduction – for example because of defects – reduces the alleged arrears. Check, too, whether paying in full before service can still avert the termination. In the eviction proceedings themselves, you can raise objections and – if you face homelessness – apply for a postponement under § 35 MRG.
Costs and duration (an honest assessment)
We will be frank: an action for eviction and the enforcement proceedings that follow are demanding and time-consuming. How long it takes depends on how the proceedings unfold – from a quick resolution where the facts are clear to a dispute lasting several months where the facts are contested. The costs depend on the value in dispute and the work involved. We deliberately do not quote flat-rate amounts or a guaranteed duration; at the initial consultation, we discuss openly what you can expect in your case.
How we help you
In Vienna, we advise and represent both tenants and landlords on actions for eviction and forced eviction. For landlords, we handle the process correctly from start to finish, from the reminder and the declaration of termination through to enforcement. For tenants, we examine how you can defend yourself, whether the termination is valid, whether paying the arrears is still an option and whether a postponement of eviction is possible. Our aim is a clear assessment you can follow – without legal jargon and without false promises.
Contact: Teamanwälte · Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Arrange an initial consultation – when deadlines are running, every day counts.
Further reading: return to the overview of Tenancy & housing law in Vienna, or read about Termination of a tenancy (§ 30 MRG) and Rent reduction (§ 1096 ABGB).
Note: This page provides general information only and is no substitute for individual legal advice. The deadlines and steps mentioned must be checked in each individual case. We do not promise any flat-rate amounts or percentages and give no guarantee of success.