Calculate Subletting: Tenant Rights in Austria
Many tenants in Austria wonder whether and how much they can charge when subletting. This article explains in plain language which rights tenants have, which costs may be considered and how to calculate a fair sublet fee. You will learn which deductions for operating costs, wear and tear or brokerage fees are permitted, how to collect receipts and which deadlines must be met. We also explain practical examples, common conflict points with the landlord and first steps in a dispute — including how to secure documents and, if necessary, contact the district court.[2] If you are unsure, seek legal advice or use official bodies such as the district court or tenant associations. Practical checklists help with accounting.
What does subletting regulate?
The basics of subletting are often found in the Tenancy Act (MRG) and the individual lease.[1] It is important whether the lease permits subletting, which utilities are chargeable and whether consent obligations apply.
Which costs count toward the sublet fee?
- Base rent and contractually agreed rent.
- Proportional operating costs such as heating and water.
- Deposit or reserves only if contractually regulated and legally permitted.
- Repair costs only if subletting affects usage damage and this is agreed.
Keep rent receipts and photos stored safely.
How do I calculate the sublet fee?
Start with the main rent and add proportional operating costs. Subtract impermissible items such as personal fees or excessive brokerage commissions. Document every invoice and calculation basis in writing.
Example calculation
- Main rent monthly: 800 EUR.
- Proportional operating costs: 100 EUR.
- Total before deductions: 900 EUR, minus impermissible items results in the fair sublet fee.
Documentation increases your chances of achieving a fair solution.
FAQ
- How do I calculate a fair sublet fee?
- Calculate the share of the main rent plus proportional operating costs, subtract impermissible items and document the calculation.
- Do I have to inform the landlord?
- In many cases yes; check the lease and inform the primary tenant or landlord in writing if required.
- What to do in a dispute?
- Gather documents, observe deadlines, seek free advice and, if necessary, file a claim at the district court.
How-To
- Collect documents: lease, operating cost statements, photos, payment proofs.
- Perform calculation: determine the share of the main rent and proportional operating costs.
- Inform the landlord: inform in writing and explain the calculation.
- Act if necessary: seek advice, check deadlines and contact the district court.[2]
Help and Support
- RIS – Tenancy Act (MRG)
- Justiz.gv.at – Forms and court information
- JustizOnline – Electronic court procedures
