Calculate Subrent for Tenants in Austria

As a tenant in Austria, you often want to know how much subrent is reasonable without violating tenancy law or the main lease. This guide explains step by step which costs to include, which legal limits the Tenancy Law (MRG) sets, and how to document clear calculations. You will get practical tips on allocating operating costs, depreciating furniture and fairly dividing additional costs. In the end you will know how to review an offer that a subtenant accepts and how to avoid disputes or provide objective evidence if questions arise.

Important basics

Before calculating, first check the main lease and whether subletting is allowed. Some contracts or landlords require consent or set a maximum. Legal provisions on tenant protection and the form of consent can be found in the Tenancy Law (MRG).^[1]

Which costs count for subrent?

Include only actual proportional costs; arbitrary surcharges are legally risky. Typical items are:

• Rent (proportional by room size or usable area) (rent)
• Operating costs and heating costs proportionally (payment)
• Proportional charge for furniture or fixtures if agreed (repair)
• One-off deposit or administrative fee only if contractually permitted (form)

Calculation: step by step

A simple method is area- or room-based division. Example: total net rent plus proportional operating costs, divided by square meters or clearly allocated rooms. Also consider heating and hot water separately if they are individually measurable.

1. Determine the total net rent and all annual operating costs.
2. Calculate the share per m² or per room.
3. Add proportional furniture or fixture values only with written agreement.
4. Prepare a written sublease agreement with clear amounts and payment deadlines.
5. Keep contact details and payment methods on record.

What to do in case of disagreement?

Try to reach an amicable agreement first with the main tenant or subtenant. Documents, receipts and a comprehensible calculation increase your chances. If necessary, advice from a tenant organisation or legal review can help. Formal steps such as reminders or court proceedings should be well founded.^[2]

FAQ

Who can demand subrent?

Only the main tenant may agree on subrent; landlord consent is often required.

Which costs can I include?

Only proportional net rent, operating costs and agreed fixture values; unjustified surcharges should be avoided.

Does the subrent need to be in writing?

It is not always mandatory, but a written agreement provides legal certainty for both parties.

How-To

1. Collect all rent and operating cost statements.
2. Decide on the calculation basis (m² or rooms).
3. Allocate net rent and operating costs proportionally.
4. Draft the sublease agreement in writing and have both parties sign.
5. Keep payment receipts and communications.

Help and Support / Resources

• Forms and e‑services (JustizOnline)
• Information on courts and procedures (Justiz)
• Legal Information System (RIS) with MRG texts

1. [1] RIS – Tenancy Law (MRG) and legal information
2. [2] JustizOnline – Forms and e‑services for court procedures