Check Rent: Common Tenant Mistakes in Austria

Rent & increases (reference rent, categories, form) 2 min read · published September 10, 2025

Tenants in Austria often face uncertainty when it comes to the appropriate rent. This article explains in clear language which mistakes commonly occur during review and objection: missing comparison values, incomplete evidence, missed deadlines and formal errors in documents. I show how you as a tenant can collect evidence, respond in writing and when to consider legal steps. Collect rental agreements, payment receipts, photos and comparison offers; these documents are often decisive. We describe typical mistakes step by step and give clear, practical tips for responding to the landlord. The guidance refers to Austrian law (MRG[1], Code of Civil Procedure[2]).

Why mistakes happen

Many errors happen because evidence is missing or deadlines are overlooked. Landlords and tenants can have different views on how comparative rents or reference values affect the rent. Formal requirements for documents and delivery are often underestimated. Technical details, like correct calculation of category rents or formal requirements, are hard for non-experts to understand.

In most cases, documentation determines the success of a rent review.
  • Missing or incomplete evidence such as payment receipts or rental contracts.
  • Missed deadlines for objections or lawsuits.
  • Formal defects in documents, e.g. missing signature or proof of delivery.
  • Incorrect comparative or reference rents without a verifiable calculation.
Store evidence chronologically and note timestamps.

What you should do

If you suspect an excessively high rent, systematic action helps: gather evidence, note deadlines, respond in writing and seek legal help if necessary. Documentation and proof are often decisive, as is complying with formal delivery requirements.

  • Collect evidence: rental agreement, payment receipts, photos, listings as comparison offers.
  • Check forms and letters and prove delivery by registered mail or delivery documents[3].
  • Respond in writing within legal deadlines and record the dates.
  • Contact the district court or consider legal representation if needed.
Respond in writing and on time to preserve your rights.

FAQ

How can I tell if the rent is too high?
Check comparative rents and reference values, request the landlord's calculation and collect evidence and comparison offers.
What deadlines apply to objections or lawsuits?
Deadlines are determined by the Code of Civil Procedure and the MRG; act promptly because some deadlines can be short.[2]
Where can I find official forms for court procedures?
Court forms and information are available via JustizOnline; use these for proper submissions.[3]

How-To

  1. Collect all relevant evidence (contract, payment receipts, photos, listings).
  2. Check the rent justification in writing and request a calculation if needed.
  3. Set deadlines and send important letters by registered mail or via JustizOnline.
  4. Consider filing a claim at the district court if out-of-court resolution is not possible.

Help and Support


  1. [1] RIS – Mietrechtsgesetz (MRG)
  2. [2] RIS – Zivilprozessordnung (ZPO)
  3. [3] JustizOnline – Court Forms
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Austria

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.