Claim Excess Subrent: Tenant Rights Austria
As a tenant in Austria, you may have paid excessive subrent and want to reclaim it. This article explains step by step what rights subtenants and main tenants have, which evidence (payment receipts, messages, contracts) matters and which deadlines to watch. I describe how to send a written demand to the landlord or main tenant, which evidence should be collected and when mediation or a lawsuit makes sense. The language is practical and aimed at non-legal readers. At the end you will find an FAQ, a how-to guide and official contact points in Austria. I name common mistakes, explain deadline calculation and show when to seek legal help. This keeps your rights as a tenant in Austria in view.
What to do if the subrent is too high?
First check whether the requested subrent matches the sublease and the agreement with the main tenant. The legal basis for tenancy in Austria can vary by contract type; inform yourself about the Mietrechtsgesetz and other regulations.[1]
Immediate steps
- Collect evidence: secure all payment receipts, transfers, receipts and cash slips.
- Note deadlines: document dates of payments, reminders and written demands.
- Save communication: keep messages, chats and emails and order them chronologically.
- Check the amount: compare agreed subrent with the amount actually paid.
Written demand for repayment
Write a clear, written demand to the payee stating the overpaid amount, a deadline for repayment and attach copies of the evidence. A simple template can include:
- The claimed amount in euros and the calculation.
- A grace period of e.g. 14 days for repayment.
- Attach copies of payment receipts and the sublease.
- A note that legal steps will be considered if payment is not made.
FAQ
- How long do I have to claim subrent?
- Limitation periods vary; often a period applies from knowledge of the overpayment. Check the specific limitation rules for your case. [2]
- Can the main tenant refuse repayment?
- The main tenant can examine the claim but must provide reasons if repayment is refused. In disputes, documentation and possibly mediation may help.
- When is a lawsuit appropriate?
- If a justified demand remains unsuccessful and evidence is complete, a lawsuit at the district court may be appropriate. Information on procedures is available from the courts. [3]
How-To
- Collect evidence: organize and copy payment receipts, contract and messages.
- Send a written demand: state the amount, set a deadline (e.g. 14 days) and attach evidence.
- Wait and document: record replies and receipts.
- If refused: consider mediation or file a claim at the appropriate court.
Key Takeaways
- Good documentation is crucial for success.
- Observe deadlines to preserve your rights.
Help and Support / Resources
- RIS - Legal Information System of the Federation
- Ministry of Justice - Courts and Procedures
- JustizOnline - Forms and Filings
