Claim Excess Subrent - Tenants in Austria
Many tenants in Austria only notice later that subrent was charged too high. In such cases, it is possible to claim back overpaid amounts — provided deadlines, evidence and the legal framework are observed. This guide explains in clear language what rights subtenants and main tenants have, which documents matter, how to draft a written claim and what court steps may be necessary. I also cover how to document telephone or written reminders, the role of lease contracts and payment receipts, and when filing a lawsuit at the district court is appropriate.
Rights and legal framework
Whether you paid too much subrent depends on the lease, the general rules of tenancy law (MRG) and the civil law contract rules under the ABGB. Relevant provisions on tenancy law can be found in the applicable legislation and case law.[1]
Subtenants and main tenants have different obligations, so check both contracts carefully.
Evidence preservation: What to collect
- All rent payments: bank statements, transfer receipts or cash receipts.
- Lease contracts and sublease agreements in written form.
- Correspondence, SMS or emails about the agreed rent amount.
- Note dates: when payments were made and when claims were raised.
- Witnesses and conversation notes if agreements were oral.
Keep all receipts organized chronologically in a folder or stored digitally.
Written claim and deadlines
Start with a clear, dated demand to the recipient of the subrent: state amount, period and a repayment deadline (e.g. 14 days). Be factual and refer to attached evidence. If the other party does not respond, the next step may be formal litigation at the competent district court.[2]
Set a clear deadline; without proof of proper demand, a court may make enforcing your claim more difficult.
If negotiations fail: court proceedings
If no agreement is reached, you can file a lawsuit at the district court. Prepare the following documents:
- All payment receipts and written agreements.
- The claim letter and a short chronology of events.
- Contact details of witnesses, if any.
A well-structured dossier increases your chances of success in court.
Frequently Asked Questions
- Who bears the burden of proof for excess subrent?
- The person making the claim should present the relevant receipts and agreements.
- Can I claim interest on overpaid subrent?
- In some cases, default interest may be possible; this depends on payment timing and case law.
- How long do I have to bring a claim?
- Statutes of limitation under the ABGB apply; typically three years from due date, but check your specific case.
How-To
- Collect all payment receipts, contracts and messages proving the rent amount.
- Draft a short demand letter with a deadline and reference to the evidence.
- Attempt an out-of-court settlement and document every communication.
- If necessary, file suit at the competent district court and present your dossier.
Help and Support / Resources
- Legislation and Legal Information System (RIS)
- Information on courts and procedures (justiz.gv.at)
- JustizOnline: forms and e‑services
