Landlord's notice ending a lease wholly exempt from the MRG (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.
The landlord's notice ending the lease of a flat where Austria's Tenancy Act (MRG) does not apply at all (full exemption, § 1 Abs 2 MRG), for instance in a house with no more than two separate flats: out of court and without reasons, on the agreed or else the statutory period (§ 560 ZPO), or else to the next possible date, with a receipt section. Important: where the MRG applies in full or in part, a landlord can give notice only through the court, on the form “Gerichtliche Aufkündigung” (ZPForm 102), which the Austrian justice system provides free on justizonline.gv.at — this letter is not for that case. In German.
What you fill in
The details the document asks for.
- Landlord (name with any academic degree, or the company name)
- Landlord's address
- Tenant (name with any academic degree)
- Tenant's address (street, house number, staircase and door; postcode and town on the next line)
- City
- Date
- Address of the flat (with staircase and door number)
- Date of the contract
- Who gives notice: the only landlord, or all landlords together (where there are several, all give notice and sign)
- Date of termination
- Why the MRG does not apply: a house with no more than two separate units, a holiday second home, or another exemption in § 1 Abs 2 MRG
- Contact phone
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- When may a landlord in Austria give notice without going to court?
- Only where the Tenancy Act does not apply to the lease at all (full exemption, § 1 Abs 2 MRG), for instance in a house with no more than two separate flats or business premises. Then the Civil Code (ABGB) and the Code of Civil Procedure (ZPO) apply, and the landlord can give notice out of court and without a reason. Where the MRG applies in full or in part, notice is possible only through the court and only on a ground in § 30 Abs 2 MRG (§ 33 Abs 1 MRG); the form “Gerichtliche Aufkündigung (Miete, Pacht)” (ZPForm 102) is free on justizonline.gv.at. A letter like this one would have no effect there.
- How can one tell whether a lease in Austria falls under the MRG?
- Only the cases in § 1 Abs 2 MRG are wholly exempt, for instance houses with no more than two separate flats or business premises, holiday second homes, residential homes and hotel-type accommodation. Under partial application too — say a privately financed building permitted after 30 June 1953, or a condominium flat in a building permitted after 8 May 1945 — the tenant is protected against notice (§ 1 Abs 4 MRG). A notice based on the wrong regime has no effect, so if in doubt have the lease assessed legally first.
- What applies in Austria if the tenant does not move out after the notice?
- The notice ends the lease on the notice date but does not entitle the landlord to clear the flat or change the locks. If the tenant stays, the landlord needs a court title, such as an eviction judgment of the district court (Bezirksgericht); only then can it be enforced (Exekution). A fixed-term lease ends when its term runs out; whether it can be ended earlier by notice depends on the lease.
- Must a landlord's notice in Austria be signed and delivered in a particular way?
- For leases outside the MRG, the MRG prescribes no form; follow whatever the lease requires. A letter signed by hand, or a qualified electronic signature, is the safe course; a plain e-mail does not meet a written-form requirement (§ 886 ABGB). Where there are several landlords, all sign. The notice takes effect only when it reaches the tenant: hand it over against a signature on the receipt section, or send it by registered post, best “eigenhändig”, early enough to arrive before the notice period begins.
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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