Calculate Fair Subrent for Tenants in Austria

Many tenants in Austria face the question of how to calculate a fair subrent and when filing an objection or complaint is appropriate. This guide explains in plain language which criteria apply to the calculation, which documents you should collect and how to observe deadlines and service of documents. You will receive concrete action steps for communicating with the head landlord, documenting evidence and lodging legal remedies. I also explain how to prepare for a settlement hearing, which types of evidence count, and when it makes sense to seek legal help or mediation bodies.

When is subrent appropriate?

Subrent is appropriate when it is factually justified and contractually agreed. Typical criteria include the size of the accommodation, location, amenities and comparable rents in the area. If there is no clear provision in the main tenancy agreement, a written agreement between the head tenant and the subtenant is strongly recommended.

How to calculate a fair subrent

1. Compare similar apartments in your area and note at least three comparable properties.
2. Take into account proportional operating costs and ancillary charges as well as any flat rates agreed in the main lease.
3. Document fittings, heating, condition and any defects that may reduce value.
4. Calculate a clear monthly amount and record payment terms in writing.

Objection and complaint: deadlines and procedure

If you consider the proposed subrent unreasonable, you should file a written objection in time and explain it. State your calculation, attach evidence and request a response from the head landlord. In many cases an amicable settlement is possible; if not, the matter can be pursued at the district court or via mediation bodies. Legal bases such as the Mietrechtsgesetz (MRG) are relevant for assessing tenancy matters and charges ^[1].

For formal complaints or court-related notices use available forms and e-services such as JustizOnline for court filings ^[2]. Document service of documents and use registered mail or proof of delivery where possible.

FAQ

How do I calculate the amount of subrent?

Identify three comparable properties, consider proportional operating costs and deductions for defects, and set the monthly net rent in writing.

What are the deadlines for objecting to a demanded subrent?

Deadlines depend on the notice itself or general civil procedural rules; act quickly and with documentation to avoid jeopardizing claims.

When should I go to court?

If amicable negotiations fail or the head landlord does not cooperate, clarification at the district court may be advisable; gather all evidence beforehand.

How-To

1. Collect all relevant documents: main lease, communication records, photos and comparison offers.
2. Create the calculation: write down proposed subrent with clear breakdown of net rent and ancillary costs.
3. Send a reasoned letter to the head landlord and request a response within a clear deadline.
4. If no agreement is reached, consider mediation or prepare a claim at the district court.

Key Takeaways

• Written agreements protect both subtenant and head tenant.
• Thorough documentation is essential for objections or complaints.
• Use official services and forms before initiating court proceedings.

Help and Support

• RIS - Legislation and the MRG
• Justiz.gv.at - Information on courts and procedures
• JustizOnline - Forms and electronic filings

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] JustizOnline - Electronic filings and forms