Challenge Service Charge Bills: Tenants in Austria
Many tenants in Austria receive a service charge bill that is incomplete, incorrectly calculated, or lacks sufficient documentation. As a tenant you have rights: you can file an objection, request documents, and, if necessary, pursue a formal complaint or court resolution. This guide explains which deadlines to watch, which documents are important for a successful challenge, and how to act step by step. The aim is practical: document everything, act within deadlines, and know which authorities and services in Austria can assist you in enforcing your tenant rights.
What to do about an incorrect service charge bill?
First, check the bill systematically: Are the allocation keys, stated amounts and totals correct? Ask the landlord for original receipts if individual items are unclear. The relevant legal rules are found in the Mietrechtsgesetz (MRG).[1]
- Check deadlines: objections should be made promptly, often within a few weeks.
- Compare the bill with receipts: note discrepancies and mark missing documentation.
- Submit your objection in writing and request access to the original receipts.
- Make payments only for items you can verify; if errors are obvious, explain in writing why you dispute the amount.
Evidence gathering and formalities
Collect all documents: bills, receipts, proof of payment, emails and correspondence. Copies and dated notes help later when presenting the facts. If unsure, document specifically which item you dispute and why. In contentious cases, proceedings at the district court may be necessary; the district court decides tenancy disputes in the first instance.[2]
- Record amounts, payment dates and account numbers for each relevant payment.
- Photograph meter readings and make copies of all invoices.
- Write a clear, dated objection and send it by registered mail or verifiable email.
- If no agreement is reached, consider filing a claim at the district court.
Frequently Asked Questions
- How long do I have to file an objection?
- You should usually act within a few weeks; check your rental agreement and respond promptly to avoid missing deadlines.
- Do I have to pay immediately if a demand for back payment arrives?
- Check whether the bill is comprehensible. If there are clear errors, you may withhold payment with a written explanation, but notify the landlord.
- What if the landlord does not respond?
- Document everything and consider filing a claim at the competent district court or seeking legal advice.
How-To
- Review the bill and note unclear items.
- Request access to receipts and invoices in writing.
- Observe deadlines for objections and act on time.
- Send a dated, informal objection by registered mail or verifiable email.
- If no settlement is reached, consider court proceedings at the district court.
Key Takeaways
- Respect deadlines: timely action protects your rights.
- Gather evidence: copies and photos matter.
- A written objection is often the necessary first step.
Help and Support / Resources
- RIS - Legal Information System of the Federal Government
- Justice - Information about Courts
- JustizOnline - Forms and e-Services
