Where the MRG applies, a landlord cannot terminate the tenancy of a flat at will. The landlord needs one of the important reasons for termination listed exhaustively in § 30 MRG. Examples are qualifying rent arrears and significantly detrimental use of the flat. Others include the landlord’s own urgent need for the flat or subletting the entire flat. The landlord must terminate by a notice of termination served through the court that states a specific reason; the landlord cannot add a reason later. Once the notice has been served, the tenant can raise objections within four weeks. If the tenant misses this deadline, the notice becomes final and enforceable.
A landlord’s notice of termination often catches tenants unprepared – and comes with short, strict deadlines. Contrary to what many people assume, a landlord cannot terminate the tenancy of a flat at will where the Tenancy Act (MRG) applies. The landlord needs a reason recognised by law and must follow a specific form. On this page, we explain which reasons are permitted, how a notice of termination served through the court works and – most importantly – the deadline you need to know as a tenant.
Protection against termination under the MRG: the landlord needs an important reason
Where the MRG applies, tenants have statutory protection against termination. The landlord can terminate only for the important reasons that § 30 MRG lists exhaustively – that is, in full. ‘Exhaustive’ means that anything not on this list is not a permissible reason for termination. If no such reason exists, the notice of termination is invalid.
Typical grounds for termination under § 30 MRG
- Qualifying rent arrears: Despite a reminder, the tenant is significantly behind with the rent.
- Significantly detrimental use: The flat is used in a way that seriously harms the landlord (e.g. serious neglect, intolerable behaviour).
- Landlord’s own need: The landlord urgently needs the flat for themselves or for close relatives (subject to strict conditions).
- Subletting the entire flat: The tenant passes on the whole flat to someone else and no longer uses it personally.
The list in § 30 MRG is longer; the reasons above are the most common in practice. Whether a reason actually exists in a specific case, and whether there is enough evidence for it, is usually what the dispute turns on.
Form: notice of termination served through the court, stating the reason
Where the MRG applies, a landlord terminates a tenancy by a notice of termination served through the court, filed with the district court that has jurisdiction – not by an informal letter. In the notice, the landlord must state the specific reason for termination. This has an important consequence: the landlord cannot add reasons later. If, for example, the landlord bases the notice on their own need for the flat, they cannot suddenly switch to rent arrears during the proceedings. Being bound by the reason stated is a key protection for the tenant.
Termination by the tenant
Different rules apply to tenants. They are not bound by the reasons in § 30 MRG and can generally terminate an open-ended tenancy by giving the agreed or statutory notice period. If a tenancy agreement for a flat is fixed-term, the tenant also has a statutory right to terminate early (after the first year has passed, with three months’ notice). The form (usually in writing) and the correct calculation of the notice period matter – mistakes here can delay the termination or make it invalid.
Check whether the MRG applies
The protection against termination under § 30 MRG described above applies to flats that are fully or partially covered by the MRG. Outside the MRG – where it does not apply at all, for example to buildings with no more than two flats, employer-provided flats, holiday flats or very short tenancies – only the Austrian Civil Code (ABGB) applies. There, tenants have no special protection against termination, and the landlord can terminate under the terms of the contract or the general rules. Which rules apply to your flat depends on the building and the year it was built – this is the first question any competent adviser will ask.
How we help you
In Vienna, we advise and represent both tenants and landlords. We first check whether the MRG applies, then assess whether a reason for termination under § 30 MRG actually exists and – for tenants – whether the notice of termination is formally correct. If you have received a notice of termination, we draft objections within the time limit and represent you in the proceedings before the district court. For landlords, we prepare the notice of termination in the correct form from the outset, so that it holds up. Our aim is a clear assessment – without false promises.
Contact: Teamanwälte · Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Have you received a notice of termination? Arrange an initial consultation quickly – the four-week deadline is running.
Further reading: return to the overview of Tenancy & housing law in Vienna, or read about the related topics Action for eviction & forced eviction and Fixed-term tenancies.
Note: This page provides general information only and is no substitute for individual legal advice. Deadlines (in particular the four-week deadline for objections) must be checked in each individual case. We give no guarantee of success.