Your landlord tells you they need the apartment for themselves or a family member and asks you to move out. What rights do you have?
The protection described below generally applies when the tenancy falls within the full or partial scope of Austria’s Tenancy Act, known as the Mietrechtsgesetz or MRG.
For an open-ended tenancy outside the MRG, a landlord can terminate the agreement without having to prove urgent personal need, provided the applicable notice requirements and contractual conditions are met.
You should also check whether your contract is open-ended or fixed-term. A fixed-term tenancy can end when the agreed period expires without the landlord having to prove an urgent personal need.
Can my landlord legally ask me to move out?
Your landlord can ask whether you would agree to leave, but you don’t have to accept the request or sign an agreement ending the tenancy.
Where the MRG’s termination protection applies, a landlord who wants to end the tenancy against your wishes must establish a recognised legal ground. One possible ground is urgent personal need, known as Eigenbedarf.
Under the main personal-use ground, the landlord must prove that they urgently need the home for themselves or for descendants such as their children or grandchildren.
The principal personal-use ground covers the landlord and their descendants, but the MRG also provides a separate route for urgent need involving relatives in a direct line, including the landlord’s parents.
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How much notice must I be given?
For residential rent paid monthly or at shorter intervals, the statutory notice period is one month unless a different valid period has been agreed. Termination takes effect at the end of a month.
The court document should state the proposed date by which the apartment must be vacated. Once it has been formally served, you normally have four weeks to submit objections.
If you object in time, the court will examine the case. This can delay any move-out considerably, of course, as the landlord can't enforce the termination unless it becomes legally binding and enforceable.
How likely is it that my landlord will succeed in court?
There's no simple percentage or general rule showing how likely a landlord is to succeed.
The result depends on the type of tenancy, the precise legal ground used, the landlord’s evidence, the urgency of their need, the ownership history, and whether interest-balancing or replacement-accommodation rules apply.
Courts examine personal-need claims strictly. A landlord saying that they would prefer to use the property isn’t enough.
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What should I do now?
First, check whether your contract is fixed-term or open-ended and whether the tenancy falls within the full or partial scope of the MRG. These points can fundamentally change the landlord’s options.
Don’t sign an agreement to end the tenancy, hand back the keys, or move out just because the landlord made an informal request. A mutual agreement can be legally binding even if the landlord struggled to prove a personal need in court.
Keep every letter and email you receive. If a judicial termination arrives from the district court, note the delivery date immediately, as you will have only four weeks to file objections.
Have a tenancy lawyer, the Arbeiterkammer, or a tenants’ organisation review the documents quickly. In Vienna, tenants can also approach the city’s MieterHilfe service.
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