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:
- Rental Termination (Apartment) — Template for terminating a rental contract.
