Explaining Richtwertmiete for Tenants in Austria
What is the Richtwertmiete?
The Richtwertmiete in Austria is an orientation value used as a benchmark for market rents of privately financed rental properties. It takes into account the year of construction and level of equipment and is used in rent tables and calculation bases. The Richtwertmiete itself is not automatically the applicable rent, but indicates the average amount demanded on the market. For certain apartment types and tenancy agreements it influences whether and how much a rent increase is legally permissible.[1]
When can the landlord raise the rent?
A rent increase may be possible if contractual agreements, legal rules or indexed adjustments permit it. The legal situation differs between old and new buildings and between capped and freely financed rents. Deadlines, formal requirements and the exact calculation method are important.
- Observe deadlines: rent increases often must be announced in writing and include deadlines.
- Formal requirements: many increases are only effective if made in a specific form.
- Check the amount: compare the requested sum with the Richtwert and the category rent.
Category and Richtwert rent explained
Category rent assigns apartments to categories by equipment and location; each category has an associated Richtwert. Landlords must not change the category arbitrarily. Adjusting rent to the category rent requires transparent calculation and often an explanation to the tenant.
How tenants check an increase and document it
If you receive a rent increase, first check the lease, past statements and the calculation of the increase. Request documents and calculation bases, note deadlines and communicate in writing. Documentation increases your chances in formal reviews or court proceedings.[2]
FAQ
- What is the difference between Richtwert and category rent?
- The Richtwert is a statistical orientation value; category rent assigns individual apartments to a category with an associated Richtwert.
- What formal requirements apply to rent increases?
- Many rent increases must be made in writing and include reasons or calculations; lack of form may affect effectiveness.
- Where can I turn if I want to contest the increase?
- Contact the mediation body or a district court first and collect all documents related to the rent and communication.
How-To
- Step 1: Read the rent increase and note the amounts and deadlines mentioned.
- Step 2: Request the calculation and supporting documents from the landlord in writing.
- Step 3: Check whether the apartment is correctly categorized and whether defects affect market value calculations.
- Step 4: Seek help from an advisory service or legal counsel if unsure.
- Step 5: If necessary, file a claim at the competent district court.
Key Takeaways
- The Richtwert is orientation, not automatically the binding rent amount.
- Form and deadline requirements are decisive for validity of a rent increase.
- Keep records of all payments and correspondence to protect your rights.
Help & Support
- RIS: Legal texts and regulations
- Justiz.gv.at: Information on procedures
- JustizOnline: Forms and e‑services
