Checking Service Charges: Tenants in Austria
As a tenant in Austria, it is important to know how to have your service charge statement checked. Many errors in statements stem from missing receipts, unclear allocation keys, or calculation mistakes. This guide explains in plain language which documents you should collect, which deadlines apply, and how to proceed if the landlord does not cooperate. You receive concrete action steps for the review, advice on communicating with the landlord, and information on when legal action may be appropriate. The goal is that you as a tenant can examine and assert your claims transparently without wasting unnecessary time and money.
What does a service charge review mean?
A service charge review means systematically checking the landlords statement: are the items broken down correctly, do the totals match, and were agreed flat rates or advance payments accounted for correctly? In Austria, the Mietrechtsgesetz and general civil law provisions regulate the requirements for statements.[1]
How to initiate a review
- Collect all relevant receipts and statements for the billing period.
- Compare individual items such as heating, water, or property management with the receipts.
- Request a full set of supporting documents or explanations from the landlord if something is unclear.
- Observe statutory or contractual deadlines for objections to the statement.
Deadlines and supporting documents
First check whether the statement was delivered within the agreed deadline and whether objections must be made in writing. If the supporting documentation is missing, you can demand inspection and set a reasonable deadline for the landlord to submit the documents. If no documents are presented, the landlords position is weakened.
If the landlord does not cooperate
If the landlord does not comply with a justified request to present documents, you can follow up formally, set a deadline, and seek legal advice. If the landlord still does not provide documents, resolution before the competent district court is possible.[2]
FAQ
- Who is allowed to check the service charge statement?
- Generally, the tenant has the right to demand inspection of the documents related to the service charge statement and to check the statement for accuracy.
- Which documents do I need for the review?
- Collect all statements, payment receipts, lease clauses on cost allocation and, if applicable, landlord documents such as invoices or service provider bills.
- What deadlines apply for objections?
- Contractual or statutory deadlines may apply; review the statement promptly and raise objections in writing within the set deadline.
How-To
- Collect all relevant documents for the billing period.
- Request the complete supporting documentation from the landlord in writing and set a deadline.
- Compare individual items and request corrections for mistakes.
- If needed, seek legal advice or mediation before considering court action.
Key Takeaways
- Keep all receipts organized.
- Observe deadlines and set clear response dates.
- Communicate in writing and keep documentation.
Help and Support / Resources
- [1] RIS: Legal texts and MRG information
- [2] Justice: courts and procedure information
- [3] JustizOnline: court forms and submissions