Unbearable conduct in an apartment building: termination, evidence and warning

In the full application of the Austrian Tenancy Act, conduct that makes living together intolerable may constitute an important ground for termination. Section 30(2)(3) MRG covers significant adverse use and reckless, offensive or grossly improper conduct that makes cohabitation unbearable for other residents. The concrete course of events matters more than the label used in a dispute.

Owners and property managers therefore need a reliable chronology. Tenants need a fair opportunity to examine the allegations and explain their own conduct. This article deals exclusively with termination for unbearable conduct in an apartment-building tenancy.

What section 30(2)(3) MRG covers

Section 30(1) MRG restricts termination by the landlord in the full application of the Act to important grounds. Section 30(2)(3) MRG identifies significant adverse use of the rented premises as one such ground. It expressly includes serious neglect and reckless, offensive or otherwise grossly improper conduct that makes living together unbearable for other residents.

The provision also refers to criminal acts against property, morality or physical safety where the circumstances are more than minor. A criminal conviction is not required for every form of conduct covered by the provision. The tenancy-law assessment must establish and weigh the alleged facts independently.

Termination for unbearable conduct is separate from rent arrears or the landlord’s own-use grounds. The related rent-collection article addresses arrears as a distinct issue.

Assess duration, repetition and seriousness

In 7 Ob 120/25k, the Austrian Supreme Court described unbearable conduct as a disturbance of peaceful coexistence that continues for a longer period or occurs repeatedly and exceeds the level that can be tolerated in the circumstances. Several minor incidents may therefore combine into a ground for termination. A single incident must carry particular weight.

The decision focuses on the tenant’s overall conduct. The assessment remains open to different forms of behaviour. Insults, threats and excessive noise are examples, not a closed list. Older incidents may also matter if they still contribute to the overall picture.

One complaint therefore proves neither a ground for termination nor its absence. Intensity, frequency, duration, effects on residents and the landlord, and the connection between incidents all need to be considered.

Build a reliable evidence chronology

A useful file records the date, time, place, people involved, specific course and observable effects of every incident. General descriptions such as “constantly disruptive” must be broken down into individual facts. Each entry should show whether the information comes from the writer’s own observation.

Contemporaneous written complaints, messages, meeting notes, witness statements, official files and lawfully obtained technical evidence may be relevant. The legal permissibility of a recording or disclosure requires separate review. A collection of documents does not by itself establish their authenticity, origin or probative value.

The practical effects on the shared living environment are particularly important. Record which rooms or people were affected, whether the disturbance ended and whether it continued after a response. This makes the burden on the residential community assessable.

Place a warning and the possibility of remedy correctly

Section 30(2)(3) MRG does not prescribe one general warning with a fixed period for every termination based on unbearable conduct. A written warning may still be valuable. It identifies the specific allegation, gives the tenant an opportunity to respond and creates a timely record of what happened afterwards.

The warning should name the incident, describe the requested change in conduct and provide a reasonable opportunity to react. Vague formulas make later assessment more difficult. In a serious one-off escalation, the legal assessment cannot depend solely on whether a prior letter was sent.

Section 30(2)(3) MRG also addresses conduct by a spouse, family member or other person admitted to the rented premises where the tenant fails to take the remedy that was available to them. The file should therefore record the tenant’s notice, reaction and actual ability to influence the conduct.

Review allegations and counterevidence from the tenant’s perspective

Tenants should break down each allegation by occasion, duration and concrete effect. They should distinguish what they personally observed from information received from others and explain the relevant sequence. A factual response can turn a vague bundle of accusations into verifiable points.

Useful counterevidence may include messages, personal records, witness names, technical findings or proof that the conduct has already changed. It can also matter whether the person concerned lives in the household or was only visiting for a short time, because that may affect attribution.

The article on fixed-term leases in an apartment building addresses duration and contractual commitment. Those questions remain separate from the assessment of the alleged conduct and its effects.

Document management and an ownership change carefully

Property managers should keep complaints, responses, warnings and later incidents in one chronology. Every entry needs a clear author and should indicate whether it is based on direct observation or a report. This keeps unconfirmed facts visible as such.

If ownership changes, open allegations, steps already taken and available evidence should be handed over in an organised form. The change of owner does not by itself establish a ground for termination. It may, however, raise questions about known events and subsequent communication.

A termination decision should follow a comparison of the lease, the scope of the MRG, the incident chronology, evidence, possible remedy and the current living situation. Legal assessment and careful fact-finding belong together.

Assemble the file for the next step

A first legal review requires the lease and amendments, the complete incident chronology, complaints and responses, warnings, witness contacts and available official or technical documents. The unit and the people involved should be clearly identified.

Owners and managers should also record what remedy was requested, whether the tenant could act and how the shared living situation developed afterwards. Tenants should preserve letters received, their responses and documents showing a change in conduct.

The review determines whether the facts support the statutory ground, which points can be proven and what next step is sensible. A termination should not rest on a collection of unverified labels.

Next steps and legal updates

For the assessment, keep the lease, incident chronology, complaints, responses, warnings and evidence complete. New articles and legal updates from the firm are available through BRANDaktuellen Rechtsnews.