Claim Excess Subrent: Tenants' Rights in Austria
When can tenants claim back overpaid subrent?
A claim is possible if it can be proven that more was paid than agreed or than is customary. It is important whether a valid sublease exists, which agreements are documented in writing and whether the amount of the subrent violates mandatory tenancy law. In many cases, an initial written demand to the main tenant is recommended.
What should you document?
- Gather documents: Copies of all lease agreements, sublease agreements and all payment receipts.
- Prove overpayments: bank statements, receipts and payment confirmations.
- Photos and communication: photos of the apartment condition and emails, chats or SMS as evidence.
How do you demand repayment?
Start with a clear written demand that states the overpaid amount, the supporting documents and a reasonable deadline. Use registered mail or an email with read receipt and keep copies. Keep a log of conversations and responses; often an amicable agreement is possible before legal steps are necessary.
- Send written demand: Ask the main tenant to repay and state a deadline.
- Set a deadline: Provide a reasonable deadline (e.g. 14 days) and indicate possible next steps.
- If no payment is made, consider filing a claim at the district court[2].
What happens in court?
In court the burden of proof matters: present contracts, payment proofs and your written demands. The district court reviews the claims and decides whether repayment is due. Smaller monetary claims are usually handled quickly; in more complex cases a lawyer or tenant organization can help.
FAQ
- How long do I have to claim back subrent?
- It depends on the individual case and possible limitation periods; act as soon as possible and document all payments to secure your claim.
- What evidence is sufficient?
- Contracts, bank statements, receipts and written communication are strong evidence; photos and witnesses can help additionally.
How-To
- Gather documents: Compile contracts, payment proofs and communication completely.
- Send written demand: Send the claim with a clear deadline by registered mail or email.
- Wait for the deadline and respond: Wait for the other party's reply and send a reminder if necessary.
- Legal steps: File a claim at the district court if no agreement is reached.
Key Takeaways
- Documents are the most important proof for repayment claims.
- Written communication and deadlines protect your rights.
