Checking Service Charges: Tenant Rights in Austria
As a tenant in Austria, you should check service-charge statements carefully because mistakes can lead to unnecessary payments. Start by comparing the statement with your lease and request receipts for individual items. Note deadlines for objections and collect written evidence such as invoices, meter readings and photos of damage. If items are disputed, a formal written request to the landlord can help; if there is no response, you can consider legal steps or seek advice. The Mietrechtsgesetz (MRG)[1] and local courts determine which costs are chargeable. This guide offers practical steps you can take now to protect your tenant rights and avoid unnecessary expenses.
What to check in service charges?
When reviewing a service-charge statement, use a systematic approach:
- Check the total amount and individual items for plausibility
- Verify the billing period and any deadlines
- Understand the allocation key and your apartment's share
- Request supporting invoices and receipts for charged items
- Compare meter readings and check for consistency
- Review flat rates, advance payments and deductions
- Consider any defects or missing heating costs in the calculation
Keep supporting documents for at least three years.
Deadlines and objections
Objections to service-charge statements should be submitted in writing and clearly justified. Specify the disputed item, attach copies of evidence and request a correction or explanation from the landlord.
- Pay attention to objection deadlines stated in the lease or statement
- Send objections in writing, preferably by registered mail or with proof of receipt
- Support your claims with invoices, photos and meter readings
Respond to legal notices within the specified deadlines to avoid losing rights.
How to dispute a statement
- Collect all relevant documents: lease, previous statements, invoices, meter readings and photos.
- Prepare a clear written objection with date, reasons and copies of evidence and send it to the landlord.
- Contact tenant advice services or legal counsel if the landlord does not respond or the reply is insufficient.
- If no agreement is reached, consider filing for court resolution at the competent district court[2] or seeking mediation.
Detailed documentation increases your chances of success.
FAQ
- Can I dispute a service-charge statement?
- Yes. You can file a written objection, request supporting documents and, if necessary, pursue court action.
- Which documents can I request?
- You can request invoices, contracts, meter readings and billing records that support individual items.
- Which court handles disputes?
- Typically the district court is competent; further appeals may be possible.[2]
How-To
- Gather all documents and record meter readings.
- Compare billed items with your lease and previous statements.
- Write and send a formal objection to the landlord.
- Seek advice or, if needed, file a claim at the district court.[2]
Help & Support
- RIS: legislation and Mietrechtsgesetz
- JustizOnline: forms and electronic filing
- Justiz.gv.at: court information