Ending a Tenancy in Austria: How to Terminate a Mietvertrag (2026 Guide)

Ending an Austrian tenancy works very differently depending on who is doing the terminating and what kind of lease it is. A tenant in a fully or partially regulated flat can usually walk away on notice. A landlord in that same flat cannot: the Mietrechtsgesetz (MRG) forces the landlord through a specific court process and limits termination to a closed list of statutory grounds.

This page covers how a fixed term (befristet) lease differs from an open ended (unbefristet) one, when a landlord must show a statutory ground under § 30 MRG, how the court termination process (gerichtliche Aufkündigung) works under § 33 MRG, and what happens if rent is owed. For the rent cap rules that decide which tier your flat sits in, see rent control under the MRG. For what happens after a termination becomes final, see eviction in Austria.

Information last verified on 22 July 2026. This page provides general legal information about Austrian law and does not constitute legal advice in an individual case.

Tenant Termination vs Landlord Termination

Austrian tenancy law treats a tenant's exit and a landlord's exit as fundamentally different acts. A tenant leaving a lease that falls under the MRG's full or partial application can generally terminate an open ended lease in writing or before the court, subject to whatever notice period the contract sets, or the general one month notice to a month end where the contract is silent.

A landlord in that same flat has no equivalent free choice. § 33 Abs 1 MRG states plainly that leases can be terminated by the tenant either in court or in writing, but "vom Vermieter jedoch nur gerichtlich," meaning the landlord may only terminate through the court. The landlord must also state the grounds relied on in the termination filing itself and cannot later swap in a different ground during the proceeding.

This asymmetry exists because the MRG was built to protect sitting tenants from being pushed out informally. A landlord letter that simply says "please vacate by next month" has no legal effect on a regulated Austrian tenancy. Only a court filing that states a valid ground under § 30 MRG can end the lease over the tenant's objection.

Where a tenancy is fully excluded from the MRG (Vollausnahme, § 1 Abs 2 MRG), such as a rental in a building with no more than two independent units, employer tied housing, or a short holiday let, this asymmetry disappears. There the ABGB and the individual lease govern, and a landlord can generally terminate an open ended lease on ordinary notice without proving a statutory ground.

Fixed Term (Befristete) vs Open Ended (Unbefristete) Leases

A befristet lease ends automatically when its term expires, but only if two conditions are met under § 29 Abs 1 Z 3 MRG. First, the lease must state in writing that it lapses on expiry of the agreed period. Second, for a residential lease, the agreed duration, or any renewal of it, must meet a statutory minimum length.

That minimum changed on 1 January 2026. The current version of § 29 MRG requires the original term, or a renewal, to run at least five years, or at least three years if the landlord was not acting as a business (Unternehmer) under the Konsumentenschutzgesetz at the time the term was agreed. This replaced the earlier flat three year minimum that applied under the version of § 29 MRG in force through 31 December 2025. Anyone relying on a contract signed before that date should confirm with the current text of § 29 MRG, or with legal advice, how the change interacts with their existing term, since this page addresses the rule now in force rather than every transitional scenario.

A residential fixed term lease that falls short of the minimum, or is not validly agreed in writing, does not simply become void. Under § 29 Abs 3 lit a MRG it is instead treated as if it had been agreed for an indefinite period, which removes the landlord's ability to let the term run out and pushes the situation back to the § 30 grounds discussed below.

A fixed term lease that is neither renewed nor ended when its term expires is not automatically over either. Under § 29 Abs 3 lit b MRG it is deemed renewed once, for five years, or three years under the same business landlord test. Only if that renewed term also passes without renewal or termination does the lease finally become open ended.

Worked example. A tenant signs a private landlord's fixed term lease for three years starting January 2026, in writing, stating it lapses at term. Because the landlord is not a business under the Konsumentenschutzgesetz, three years meets the current minimum and the term is enforceable.

If neither side acts when the three years end, the lease does not simply continue month to month. It is deemed renewed once for another three years under § 29 Abs 3 lit b MRG, and only a second unaddressed expiry turns it open ended.

The tenant's unwaivable early exit

Whatever the agreed term, a residential tenant under a fixed term MRG lease has a right under § 29 Abs 2 MRG that the contract cannot take away. After the first year of the original or renewed term has passed, the tenant may terminate to any month end on three months written or court notice. The statute calls this "das unverzichtbare und unbeschränkbare Recht," the unwaivable and unrestrictable right, meaning a clause purporting to block or shorten it has no effect.

An open ended lease has no term to expire and ends only through tenant notice, mutual agreement between the parties, or a landlord's successful court termination on a § 30 ground. There is no equivalent automatic conversion or minimum duration issue, since there is no fixed term to measure against.

When a Landlord Needs a Statutory Ground: § 30 MRG

In a Vollanwendung or Teilanwendung tenancy, a landlord may terminate only for one of the important grounds (wichtige Gründe) set out in § 30 Abs 2 MRG. § 30 Abs 1 states this directly: "Der Vermieter kann nur aus wichtigen Gründen den Mietvertrag kündigen." The list runs to 16 numbered grounds, and a landlord cannot rely on any reason outside it.

This table summarizes the categories; the statute itself lists all 16 grounds individually, including narrower provisions for public sector premises and subletting disputes. § 30 Abs 3 MRG also blocks landlords from contracting around this list: any lease clause that gives the landlord broader termination rights than § 30 provides is void (rechtsunwirksam). The Eigenbedarf ground is also barred for ten years after the landlord bought the property from someone else while it was tenanted, and a co-owner needs at least half ownership to invoke several of the grounds.

None of this applies in a Vollausnahme tenancy. There, under the ABGB, a landlord may end an open ended lease on ordinary notice without showing any of these grounds, since § 30 MRG only reaches tenancies in full or partial application.

The Court Process: Gerichtliche Aufkündigung

Because a regulated landlord cannot terminate by letter, ending the lease means filing a gerichtliche Aufkündigung, a formal court termination application, under § 33 MRG. The filing must briefly state the ground or grounds relied on, and the landlord cannot later raise a different ground in that same proceeding if the stated one fails.

Once filed, the tenant can raise Einwendungen, objections, against the termination. If the tenant objects, the burden falls on the landlord to prove the ground actually applies. If no objection is raised in time, or an objection fails, the termination becomes enforceable and the case moves toward the eviction process described on the eviction page.

The exact length of the objection window is set in the Zivilprozessordnung's provisions on Aufkündigung procedure rather than in the MRG itself, so a tenant who receives a court termination should confirm the current deadline promptly rather than assume a figure, since missing it can mean losing the chance to contest the ground at all.

Arrears and the Right to Cure

Rent arrears is the most commonly used termination ground, and it comes with a specific safety valve. Under § 33 Abs 2 MRG, a tenant terminated for arrears under § 30 Abs 2 Z 1 MRG, who is not seriously at fault (kein grobes Verschulden) for falling behind, can have the termination set aside by paying the full amount owed before the first instance hearing closes. The tenant still bears the costs of the proceeding even where the termination is set aside.

This cure right is not unlimited. It depends on the tenant genuinely lacking gross fault, so a tenant who deliberately withheld rent as leverage in an unrelated dispute may not qualify in the same way as one who simply fell behind due to a temporary shortfall. § 33 Abs 3 MRG extends a similar cure mechanism, with adjustments, to arrears based dissolution actions brought under § 1118 ABGB, which is the general civil code ground a landlord can use outside the MRG's own termination list, most relevantly for seriously harmful use of the property or arrears in a Vollausnahme tenancy.

A tenant considering an early exit from their own fixed term lease, separately from any landlord action, relies instead on § 1117 ABGB, which lets a tenant withdraw before the term ends where the rented unit cannot be used for its agreed purpose, alongside the MRG's own § 29 Abs 2 early exit right discussed above.

Practical Notes Before You Terminate

A termination notice, whether from a tenant giving ordinary notice or a landlord filing a court termination, should always be made in a form that can be proven later. For a tenant's written notice, a registered letter with proof of delivery is the standard practice, since the notice period generally runs from the date the landlord actually receives it rather than the date it was sent.

Anyone unsure which tier their tenancy falls into, Vollanwendung, Teilanwendung, or Vollausnahme, should check that first, since it changes almost everything else on this page. The tier depends mainly on the building's size and the date its building permit was issued. See rent control under the MRG for how that classification works and what it means for the rent itself.