Rental Termination: Germany vs. Austria

The differences between rental termination rules in Germany and Austria are crucial for tenants. These differences can significantly impact the planning and execution of a rental termination. Therefore, it is essential to be informed about the specific regulations in both countries.

Comparison at a Glance

Criterion 🇩🇪 Germany 🇦🇹 Austria
Notice Period (Ordinary) 3 months (§573c BGB) 1-3 months (MRG, depending on rental duration)
Notice Period (Extraordinary) 2 weeks (§543 BGB) 1 month (MRG)
Form Requirements Written (§573c BGB) Written (ABGB, MRG)
Fixed-term Contracts No termination before expiration (§575 BGB) No termination before expiration (MRG)
Special Termination Rights For personal use (§573 BGB) For rental defects (§1096 ABGB)
Termination by Landlord Only with legitimate interest (§573 BGB) For serious contractual violations (MRG)
Right of Withdrawal No right of withdrawal No right of withdrawal
Contract Extension Automatically if not terminated Automatically if not terminated

Important Differences

In Germany, the notice period for ordinary terminations is generally 3 months, while in Austria, the period varies between 1 and 3 months depending on the rental duration. This can be a decisive difference for tenants wanting to move quickly.

Another important point is that in Germany, termination is only possible with the landlord’s legitimate interest, such as personal use. In Austria, however, tenants can also assert special termination rights in cases of rental defects, providing more protection for tenants.

Relevant templates on DokBrief: