Determining Reasonable Rent in Austria

What counts when determining rent?

When checking the rent, several aspects play a role: location, age and condition of the apartment, equipment, the applicable category rent or reference rent and the contractually agreed ancillary costs. For many apartments, rules from the Mietrechtsgesetz (MRG) apply^[1] that affect permissible category rents and increases.

Factors to check

• Comparable rents in the area as a reference
• Condition of the apartment and existing defects
• Existing lease and agreed rents or gradations
• Reference or category rent under the MRG, if applicable

Record date, time and details of every communication with the landlord, and photograph relevant defects or features.

How to respond to an announced rent increase?

If the landlord announces an increase, first check whether formal requirements were met and whether deadlines are correct. If in doubt, request a written justification and compare with comparable properties.

1. Check deadlines and the due date of the increase
2. Request written justification and documents
3. Document the apartment and costs
4. Seek legal advice or tenant protection organizations

Rights and court proceedings

In disputed cases, the district court is responsible; civil proceedings follow the rules of the Code of Civil Procedure. Before filing a lawsuit, check whether an out-of-court settlement is possible and what evidence you have^[2]. In many cases, an ombuds office or advice from a tenant organization is helpful.

FAQ

How do I find out if my apartment is subject to the MRG?

Whether the MRG applies depends on the year of construction, the size of the apartment and contractual agreements; check the lease and seek information from official sources.^[1]

What deadlines apply after a rent increase?

Rent increases generally must be justified in writing and there are certain termination and objection deadlines; check the exact deadlines promptly.^[2]

What if the landlord does not provide a justification?

Request the justification in writing and document the request; without sufficient justification you can challenge the increase.

How-To

1. Read the lease carefully and note agreed rent components
2. Check legal deadlines and respond within the requirements
3. Request written reasons and evidence from the landlord
4. If necessary, file a lawsuit at the competent district court

Key Takeaways

• Documentation is often decisive for resolving disputes.
• Comparable rents help assess reasonableness.
• Early advice from tenant protection can prevent costly mistakes.

Help & Support / Resources

• RIS - Legal Information System of the Republic of Austria
• Justice - Information on courts and procedures
• JustizOnline - Electronic forms and services

1. [1] RIS - Legal Information System of the Republic of Austria
2. [2] Justice - Information on courts and procedures
3. [3] JustizOnline - Electronic forms and services