LEXIKON

The Second COVID-19 Judicial Accompanying Act (BGBl I 24/2020; www.ris.bka.gv.at/bgbl), which came into force on April 1/5, 2020, provides for changes to the rights of residential landlords that are relevant in practice:

According to this, non-payment of rent due between April 1, 2020, and June 30, 2020, does not entitle the landlord to terminate/cancel the lease if the significant impairment of the tenant’s economic capacity is due to the COVID-19 pandemic. These rents may also not be claimed in court or covered by the security deposit until December 31, 2020.

Fixed-term residential rental agreements subject to the MRG that expire by July 1, 2020, may be extended in writing until December 31, 2020, at the latest.

Evictions must also be postponed if the apartment is indispensable for satisfying the urgent housing needs of the tenant and the persons living with them in the same household, unless the eviction is essential to avert serious personal or economic disadvantages for the landlord (e.g., urgent personal use).