Can Landlords Charge Costs? Tenants Austria
What Landlords May Charge
Landlords in Austria can require tenants to pay certain costs, but not everything is permitted. Basic rules are set out in the Tenancy Law and the General Civil Code, as well as in court practice.[1]
Permitted Costs
- Deposit: Security for damage or outstanding payments, usually up to three months' rent.
- Operating costs: Advance payments for heating, water, waste disposal, if contractually agreed.
- Assessed fees or charges that actually occur and can be documented.
In many cases costs must be agreed in writing.
Prohibited or Restricted Claims
- Flat administrative fees without contractual basis or proof.
- Surcharges for legal protection insurance that the tenant did not voluntarily take out.
- Hidden commissions or costs that violate legal rules.
Do not pay out of habit; request written proof before accepting costs.
Rights and Duties of Tenants and Landlords
Both parties have duties: the landlord must hand over the apartment in usable condition and carry out necessary repairs, the tenant must pay on time and report damages. Rights and duties are regulated by law and may differ in individual cases.[2]
Careful documentation increases your chances of success in disputes.
Deadlines, Formal Requirements and Evidence
- Deadlines: Objections and responses must be made within statutory or contractual deadlines.
- Formal requirements: Some agreements require written form, e.g. terminations.
- Evidence: Collect invoices, photos and correspondence as proof.
FAQ
- Can the landlord require legal protection insurance?
- No, a compulsory payment for the insurance is only permitted if it is explicitly and legally agreed.
- Do I have to pay utility advance payments immediately?
- Advance payments are common; the exact settlement is usually annual and must be transparent.
- What should I do about unjustified claims?
- Object in writing, collect evidence and, if necessary, seek legal advice.[3]
How-To
- Submit a written objection and state applicable deadlines.
- Collect evidence: organize photos, invoices and correspondence.
- Respect deadlines: file objections and responses on time.
- If necessary, file a lawsuit or seek help from advisory services.
Help and Support
- RIS: Legal Information System of the Federal Government
- Justice: Information on courts and procedures
- JustizOnline: Forms and electronic services
