Check Rent Increase - Tenant Rights in Austria
As a tenant in Austria, a announced rent increase can raise questions and uncertainty. This guide explains step by step how to have a rent increase checked for legality, which documents are helpful and which deadlines apply. You will learn when the Tenancy Law (MRG) applies, which formal requirements landlords must meet and how to collect evidence to enable a well-founded review. The aim is to give you clear action steps — from documentation and contacting the landlord to judicial review at the district court. The language remains understandable and practice-oriented so that you as a tenant in Austria can confidently decide whether to challenge an increase.
How does the review work?
The review of a rent increase examines whether the announced adjustment is formally and materially permissible. Formally, this means, among other things, that the increase must be made in writing and comply with the prescribed deadlines and formal requirements. Materially, it is checked whether the calculation complies with the Tenancy Law or whether, for example, reference rents or category rents were incorrectly applied. In doubtful cases, the matter can be clarified before the district court and, if necessary, appealed to the Supreme Court. You can prepare the review yourself, involve a tenants' association or hire legal representation.
What to collect
- Rent receipts (rent): all payment receipts, bank statements and receipts from recent years.
- Tenancy agreement (evidence): original or copy of the tenancy agreement including addenda.
- Correspondence (form): all letters from the landlord regarding the increase.
- Repair invoices (repair): invoices and reports of maintenance work agreed or paid for.
- Contact details (contact): name, address and telephone number of the landlord or management company.
When is a rent increase permissible?
An increase is permissible if it complies with legal requirements, for example after adjustment to the reference rent or for contractually agreed indexation. Modernizations can also justify an increase under certain conditions. If the increase is not clearly justified or is formally incorrect, tenants can file an objection or have the legality reviewed by a court. Pay special attention to deadlines and the exact calculation method used by the landlord.[1]
How to have the increase checked
Practically, you can proceed in three steps: collect documents, contact the landlord and, if necessary, initiate a formal review. If you want legal help, contact a tenants' association or a lawyer experienced in tenancy law. For court actions, the district courts are responsible; court proceedings can, however, involve time and costs.
- Collect all relevant documents and payment receipts (evidence).
- Request a comprehensible calculation and deadline from the landlord (contact).
- If necessary, file a formal complaint or lawsuit; use the prescribed forms (form).[2]
- Have the decision reviewed by the district court if needed (court).
FAQ
- Can I challenge a rent increase?
- Yes. As a tenant, you can have a announced increase checked and, in case of formal or material errors, challenge it in court.
- Which deadlines must I observe?
- Pay attention to the deadlines in the notice; missing a deadline can limit your options. Additional procedural deadlines of civil procedure apply to court actions.
- Who bears the costs in a lawsuit?
- Court and possible attorney costs may arise; legal protection or advice from a tenants' organization may partially cover costs.
How-To
- Collect all payment receipts, the tenancy agreement and correspondence (evidence).
- Contact the landlord in writing and request a detailed calculation (contact).
- If the answer remains unclear, file a complaint or lawsuit; use official forms (form).
- If necessary, bring the case before the district court for legal clarification (court).
Help and Support / Resources
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justiz.gv.at - Information on Courts
- [3] JustizOnline - Submissions and Forms
