Fixed-term lease of a flat (Austria)
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This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A fixed-term main lease of a flat under Austrian law, as it stands in 2026. It asks first how far the Austrian Tenancy Act (MRG) applies — in full, in part or not at all — and whether the landlord lets as a business: since 1 January 2026 a business landlord must agree at least five years, any other landlord three (§ 29 MRG), and a shorter term makes the lease open-ended. With the main rent, operating costs and VAT, indexation under the Austrian rent indexation act (MieWeG), the deposit under § 16b MRG and the tenant's right to leave after the first year. In German, to print and sign by both parties.
What you fill in
The details the document asks for.
- How far the Austrian Tenancy Act (MRG) applies: in full, in part, or not at all
- Landlord (name with any academic degree, or the company name)
- Landlord's academic degree (if any)
- Landlord's date of birth; for a company, its number in the Austrian company register (FN) and the register court
- Landlord's address
- Tenant (name with any academic degree)
- Tenant's academic degree (if any)
- Tenant's date of birth
- Tenant's address
- Second tenant (if any)
- Second tenant's date of birth
- Address of the flat (with staircase and door number)
- Austrian Land (federal state) where the flat is
- Rooms
- Area
- Let with the flat (cellar, parking space, fitted kitchen)
- Keys
- What the regime rests on: year of the building permit, public funding, number of units in the building, owner-occupied (condominium) flat
- Term from
- End of the term (under the Austrian Tenancy Act at least three years after the start, five if the landlord lets as a business)
- Does the landlord let as a business (§ 1 KSchG)? If so the term is at least five years, otherwise three
- Monthly main rent (Hauptmietzins), without operating costs and VAT
- Monthly operating costs and public charges (advance payment)
- Other monthly charges: shared facilities such as a lift, heating, furniture let with the flat
- Monthly VAT (if the landlord charges it)
- Total monthly amount (total rent)
- IBAN
- Location surcharge and the facts that justify it (only under full application of the Austrian Tenancy Act with the reference rent; otherwise leave empty)
- Indexation of the main rent: under the Austrian rent indexation act (MieWeG), or none
- Deposit
- How the deposit is given: transfer, savings book or bank guarantee
- Energy performance certificate: type, date issued and energy rating
- Other terms
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- What is the minimum fixed term for a lease of a flat in Austria since 2026?
- Where the Austrian Tenancy Act (MRG) applies in full or in part, at least five years if the landlord is a business within the meaning of the Consumer Protection Act (KSchG), otherwise three years; the same holds for every extension (§ 29 Abs 1 Z 3 lit b MRG as amended by the 5th MILG, for leases signed or extended after 31 December 2025). Someone who regularly lets several flats is often a business; the Act names no fixed number. A five-year term meets both minimums. Where the MRG does not apply at all, there is no minimum.
- What happens in Austria if a lease's fixed term is too short or not agreed in writing?
- Then the landlord cannot enforce the term, and the lease counts as open-ended: under full or partial application of the MRG the landlord can then end it only through the court and only for a serious ground listed in § 30 MRG (§ 33 Abs 1 MRG). In writing means the lease with its end date, signed by both parties by hand or with a qualified electronic signature (§ 886 ABGB, § 4 Abs 1 SVG). A valid fixed-term lease that simply runs on, neither extended nor ended, is renewed once for three or five years and then becomes open-ended (§ 29 Abs 3 lit b MRG).
- Can a tenant in Austria leave a fixed-term lease early?
- Yes. Under full or partial application of the MRG the tenant may give three months' notice to the end of a month once the first year has passed, in writing or through the court; the lease cannot exclude this right (§ 29 Abs 2 MRG). In writing means signed by hand or with a qualified electronic signature — notice by plain e-mail is void (OGH 3 Ob 188/25f). Where the MRG does not apply at all, the right exists only if the lease grants it; this lease does.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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