False Service Charges? Tenant Rights in Austria
As a tenant in Austria, a faulty service charge statement can quickly cause uncertainty. Often the numbers are hard to follow, items are missing or billed twice. This article clearly explains how you as a tenant can identify common billing errors, which deadlines apply and what evidence you should collect to enforce your rights. We show practical steps from the right to inspect records to the formal objection and name responsible authorities and forms. The guidance is neutral and aimed at tenants without legal training so you can respond confidently and informed. At the end you will find a step-by-step guide and information on where to get legal help in Austria.
What is a false service charge statement?
A false service charge statement occurs when items are not calculated correctly, not agreed upon, or billed twice. Common causes are transfer errors, missing receipts or unclear lease agreements. First check which items were charged and whether they match your lease and the supporting documents.
Detailed documentation increases your chances of success in disputes.
First steps as a tenant in Austria
- Check deadlines and the statement date, because objections should be made promptly.
- Compare the total amounts with your payments and check for double billing.
- Collect receipts, bank statements and photos of meters or faulty devices as evidence.
- Contact the landlord or property manager in writing first and request to inspect the records.
Respond quickly to statements because deadlines may otherwise work against you.
Practical evidence gathering
- Secure payment receipts, bank statements and transfer confirmations.
- Take photos of meter readings and note the date and time.
- Formally request original supporting documents if you were only given totals.
Formal steps: objection and court options
Write a clear formal objection to the landlord or manager and request correction or presentation of supporting documents. Refer factually to incorrect items and attach copies of your evidence. The Tenancy Law (MRG) and general provisions regulate tenant and landlord rights in Austria.[1] If no agreement is reached, the matter can be decided by the competent district court.[2] Depending on the case, deadlines for legal action must be observed; forms and electronic filings are available via JustizOnline.[3]
FAQ
- What can I do if the statement includes items I do not recognize?
- Request the original supporting documents in writing and demand a clear breakdown; document all communication.
- Are there deadlines for objections to service charge statements?
- Yes, act promptly; different deadlines may apply depending on the circumstances, so quick action is important.
- Who bears the burden of proof in unclear statements?
- The landlord must present the statement and its supporting documents; copies help you verify.
How-To
- Read the statement immediately and note the issue date.
- Compare each item with your lease and past payments.
- Collect all relevant receipts and prepare an overview of discrepancies.
- Send a formal objection by email and registered mail to the landlord.
- If no agreement is reached, consider initiating proceedings at the district court.
