Eviction Protection (Kündigungsschutz) for Tenants in Germany and Austria: Your 2026 Guide

What Is Eviction Protection (Kündigungsschutz) and Why Does It Matter?

If you rent a home in Germany or Austria, eviction protection—known as Kündigungsschutz—is a set of legal rules that prevent your landlord from terminating your lease arbitrarily or without good reason. These laws are designed to balance the landlord's right to manage their property with your right to housing stability. In plain terms: your landlord cannot simply kick you out because they want a higher rent or because they don't like you. They must have a legally recognized reason, and even then, you have rights to contest or delay the eviction.

This guide explains the key differences between German and Austrian eviction protection laws, what you can do if you receive a termination notice (Kündigung), and where to find official help. The information is current as of 2026.

Step 1: Understand the Three Types of Termination Under German Law (BGB)

In Germany, the Civil Code (Bürgerliches Gesetzbuch, BGB) governs tenant eviction. There are three main categories of termination:

• Ordinary termination (ordentliche Kündigung): The landlord ends the lease for a reason allowed by law, such as needing the apartment for personal use (Eigenbedarf), significant breach of duty (e.g., unpaid rent for two consecutive months), or wanting to change the use of the property (Verwertungskündigung). The notice period depends on how long you've lived there—up to 9 months if you've been a tenant for more than 8 years.
• Extraordinary termination without notice (außerordentliche fristlose Kündigung): This is immediate termination for serious misconduct, like causing significant damage to the property, disturbing neighbors repeatedly, or being more than two months behind on rent. The landlord must issue a warning first in most cases.
• Termination due to landlord's personal need (Eigenbedarfskündigung): The landlord wants the apartment for themselves or a close family member. This is the most common reason for eviction in Germany and is often abused. You can challenge it if you suspect the landlord's need is not genuine.

Step 2: Know Your Rights Under Austrian Tenancy Law (MRG)

Austria's eviction protection is primarily regulated by the Mietrechtsgesetz (MRG)—the Tenancy Law Act. The MRG applies to most residential leases, but there are exceptions (e.g., luxury apartments, certain short-term leases). Key points:

• Limited termination grounds: Landlords can only evict you for specific reasons, such as: significant rent arrears (at least three months' rent), serious breach of duty (e.g., subletting without permission), or the landlord's own urgent need for the apartment (dringender Eigenbedarf). The bar is higher than in Germany—the landlord must prove the need is urgent and cannot be met otherwise.
• Notice periods: Standard notice is three months, but can be longer if you've lived there many years (up to six months for long-term tenants).
• Termination protection for certain groups: Tenants over 65, families with children, or those with disabilities have additional protection. The court must consider hardship before ordering eviction.

Step 3: Practical Steps If You Receive a Termination Notice

Whether you're in Germany or Austria, if your landlord sends you a written termination, act quickly:

1. Don't panic, but don't ignore it. You typically have a short window—often two weeks in Germany—to file an objection (Widerspruch) or challenge the notice in court.
2. Check the notice's validity. Is it in writing? Does it state the exact reason (Begründung)? In Germany, the notice must include the specific legal ground; in Austria, the reason must be precise and supported by evidence.
3. Seek free initial advice. In Germany, contact your local Mieterverein (tenant association) or a lawyer specializing in tenancy law (Mietrecht). In Austria, the Mieterhilfe or Arbeiterkammer offers low-cost or free consultations.
4. File an objection if you have grounds. For example, if the landlord claims Eigenbedarf but you suspect they want to re-rent at a higher price, you can challenge it. In Austria, you can apply to the court for a suspension of the eviction (Aufschiebung der Räumung) if you face hardship.
5. Consider a payment plan for rent arrears. If the eviction is for unpaid rent, paying the full amount owed (including late fees) before the court hearing often stops the eviction in both countries.

Key Differences Between Germany and Austria

While both countries protect tenants, there are notable differences:

• Scope of protection: Germany's BGB applies to all residential leases, while Austria's MRG exempts certain high-end apartments (e.g., those with a net rent above a certain threshold, which is adjusted yearly—around € 7.50 per square meter in 2026).
• Hardship protection: Austria explicitly requires courts to consider social hardship (soziale Härte) before eviction, including age, health, and family situation. German law has a general hardship clause (§ 721 ZPO) but it's less frequently applied.
• Tenant associations: In Germany, Mietervereine are widespread and offer legal representation for a membership fee. In Austria, the Arbeiterkammer (Chamber of Labour) provides free legal advice to all employees, but not to all tenants—only those who are members of the chamber.
• Rent control interaction: In Germany, a termination for Eigenbedarf is often used to circumvent rent caps (Mietpreisbremse). Austria's MRG has stricter controls on rent increases after a vacancy, making such abuse less common.

Frequently Asked Questions (FAQ)

1. Can my landlord evict me just because they want to sell the apartment?
No, not directly. In Germany, a sale does not terminate your lease—the new owner steps into the landlord's role. In Austria, similarly, the lease continues with the new owner. However, the new owner may later issue a termination for Eigenbedarf if they want to move in themselves.

2. I received a termination for unpaid rent. Can I stop the eviction by paying late?
Yes, but you must act fast. In Germany, if you pay the full arrears before the court hearing, the landlord's termination becomes invalid. In Austria, paying the arrears plus costs before the eviction order is issued usually stops the process.

3. What is the notice period if I've lived in my apartment for 20 years?
In Germany, the notice period for ordinary termination by the landlord is 9 months if you've been there 8+ years. For tenant-initiated termination, it's usually 3 months. In Austria, the period is 3 months, but can extend to 6 months for long-term tenants (over 10 years).

4. My landlord says they need the apartment for their son. Can I challenge this?
Yes, you can challenge an Eigenbedarfskündigung if you believe the need is not genuine or the landlord could use another apartment. In Austria, the need must be urgent (dringend) and the landlord must prove they have no alternative. Courts often require concrete evidence, like a job transfer or health issue.

5. Do I need a lawyer to fight an eviction?
Not necessarily, but it's strongly recommended. In Germany, you can represent yourself in the first instance (Amtsgericht), but a lawyer increases your chances. In Austria, legal representation is required for certain steps. Both countries offer legal aid (Prozesskostenhilfe) if your income is low.

6. What happens if I just ignore the termination notice?
The landlord will file a court action (Räumungsklage). If you don't respond, the court will likely order your eviction, and you may have to pay all legal costs. Never ignore a termination—even if you plan to move out, it's better to negotiate a settlement.

Official Resources and Legal References

For Germany: The relevant laws are in the Bürgerliches Gesetzbuch (BGB), especially §§ 573, 574, and 543. You can read them on gesetze-im-internet.de. For tenant advice, visit Mieterverein or the federal ministry's housing portal at BMWSB.

For Austria: The Mietrechtsgesetz (MRG) is available on Rechtsinformationssystem (RIS). Free advice is available from Arbeiterkammer and Mieterhilfe.

EU law: The European Union's Charter of Fundamental Rights protects the right to housing (Article 34), but eviction procedures are primarily national. The EU has no direct eviction protection law.

Need Personalized Help?

Every eviction case is unique, and the law can be complex. If you're facing a termination notice or have questions about your rights, don't navigate it alone. Ask about your specific situation ↘