A change in living circumstances, excessive costs or the desire for a quieter environment – there are many reasons to terminate your current tenancy. However, you should inform yourself before taking action. Elke Hanel-Torsch, Chairwoman of the Vienna Tenants’ Association, knows what is important when giving notice.
What do I need to bear in mind when terminating a fixed-term rental agreement?
In the case of fixed-term apartments, the tenancy generally ends at the end of the fixed term. However, a fixed-term tenancy can also be terminated prematurely – but only after the first year has expired. “This also applies to the extension of fixed-term contracts,” says Hanel-Torsch. After that, the tenancy agreement can be terminated by giving three months’ notice to the end of the month. “Only the date on which the notice of termination is received by the property management company or landlord counts for the notice period,” says the tenancy law expert. The letter of termination should therefore be sent in good time to avoid losing valuable time.
Please note: If the fixed-term rented property is not subject to the Tenancy Act or the Non-Profit Housing Act (WGG) and the tenancy agreement does not contain any provisions regarding early termination, the tenancy agreement does not actually expire until the end of the contract term.
When exactly must the fixed-term tenancy be terminated?
For example, if a fixed-term tenancy agreement for three years was concluded on February 1, 2024, it cannot be terminated until February 28, 2025. The tenancy therefore ends at the end of May.
What applies to the termination of open-ended tenancy agreements?
If you want to terminate an open-ended tenancy agreement, the first thing you should do is take a look at the tenancy agreement. “The notice periods can usually be found there. In most cases, it is also three months to the end of the month,” says Hanel-Torsch. If the tenant and landlord have not agreed anything in this regard, the statutory notice period applies – this is one month. So if an apartment was rented on September 1 and a three-month notice period to the end of the month was agreed, the tenancy ends at the end of December. Here too, only the date on which the notice of termination is received by the property management company or the landlord counts for the notice period.
Is it possible to shorten the notice periods?
As a general rule, a shortening of the notice period is subject to the landlord’s consent. Only in very few cases does the ABGB also provide for a termination of the tenancy outside the notice period. “This is the case if the rented property has become unusable through no fault of the tenant, for example due to flooding,” says Hanel-Torsch.
What happens if the tenant dies?
The tenancy agreement must also be terminated in this case. If a person entitled to enter the apartment no longer wishes to use it, they must inform the property management company within 14 days of the tenant’s death.
How do I write the notice of termination correctly?
Notice of termination must be given in writing – preferably by registered letter. Hanel-Torsch advises the following wording: “I hereby terminate my tenancy in compliance with the notice period for apartment xy, so that it ends on xx”. Templates for writing a letter of termination can be found on the website of the tenants’ association(https://mietervereinigung.at/699/Downloadcenter) or the Vienna Chamber of Labor(https://wien.arbeiterkammer.at/service/musterbriefe/wohnen/miete/Kuendigung_eines_Mietvertrages.html), among others.
Is there anything else I need to bear in mind when giving notice?
In addition to the deadlines, tenants wishing to move out should remember to document meter readings and the condition of the apartment. “We advise tenants to take photos of the individual rooms before returning the apartment and to date them. Witnesses can also be helpful under certain circumstances,” says Hanel-Torsch. This is helpful if the landlord confronts the former tenants with any damage or repairs after they have moved out.
Quitting your apartment: keyword deposit
Landlords must pay the deposit to the former tenant immediately after termination of the tenancy. Exceptions are justified claims by the landlord. But even then, the landlord can only retain the deposit in the amount of the claim, specifically the current value.
Elke Hanel-Torsch is a lawyer, has been Managing Chairwoman of the Vienna Tenants’ Association since 2016 and has also been a member of the National Council since October 24, 2024.
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