A significantly detrimental use of the leased property under § 1118, Case 1 of the ABGB exists when important interests of the landlord are violated by repeated, prolonged use of the leased property in breach of contract, or by a long series of failures to take necessary precautions, or when significant damage to the substance of the leased property has occurred or is merely threatened.11. A significantly detrimental use also exists if important economic or personal interests of the landlord or other tenants are jeopardized by the tenant's detrimental conduct.12.
The basis for a landlord's claim to terminate the tenancy agreement is a breach of contract by the tenant. The tenant must therefore have behaved in such a way that they are no longer trustworthy. While tenant fault is not required, the tenant must be capable of recognizing the harmfulness. The standard of an average tenant should be applied here.13.
Austrian Supreme Court 25 February 2026, 7 Ob 199/25b
1 Austrian Supreme Court RS0067832; RS0068076; RS0102020 [T14].
2 Austrian Supreme Court RS0020940 [T11]; RS0070348; cf 1 Ob 33/16h.
3 Austrian Supreme Court RS0020867; RS0070433.
