Factsheet for case AT-2020-14/579 – Updated – measures in Austria
|Country||Austria , applies nationwide|
|Time period||Temporary, 01 April 2020 – 30 June 2020|
|Type||Legislations or other statutory regulations|
Measures to prevent social hardship
– Keeping a safe home
|Author||Bernadette Allinger (Forba) and Eurofound|
|Case created||13 April 2020 (updated 07 January 2021)|
Several alleviations for tenants of rented apartments have recently been made, for those who suffer from the pandemic with income losses, disabling them from paying the monthly rent in part or fully. Measures include
If the tenant of a flat does not pay a rent due in the period from 1 April 2020 to 30 June 2020, or does not pay it in full, because his economic capacity has been considerably impaired as a result of the COVID 19 pandemic, the landlord can neither terminate the lease nor demand its cancellation in accordance with § 1118 of the Austrian Civil Code (ABGB) solely because of this arrears in payment. The landlord may not claim the arrears of payment in court until the end of 31 December 2020 or cover them from a deposit handed over by the tenant. In addition, the landlord may not legally demand payment of rent due between 1 April and 30 June 2020 until the end of 31 December 2020, nor may he/she cover it from a security deposit provided by the tenant. This is not a legal postponement of the due date, but only a temporary suspension of the enforceability of the claim.
Furthermore, a fixed-term residential rental agreement subject to the Austrian Tenancy Act (Mietrechtsgesetz) that expires after 30 March 2020 and before 1 July 2020 may, notwithstanding Section 29 MRG, be extended in writing until the end of 31 December 2020 or for a shorter period.
Finally, in order to prevent people in the current situation from becoming homeless due to eviction, it should be possible to postpone the eviction of apartments at the request of the obligated party (tenant).
Currently no information available.
|Does not apply to workers||Does not apply to businesses||Applies to all citizens|
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Role||No involvement||No involvement|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
Generally, not the social partners' main area of work (even though the Chamber of Labour consults and represents workers in that subject matter).
Eurofound (2020), Alleviations for tenants, case AT-2020-14/579 (measures in Austria), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.