Landlords and Waiting Lists: Tenant Rights Austria
Many tenants in Austria wonder whether landlords may use allocation or waiting lists for apartments and what obligations follow. This article explains in plain, practical language which rules apply under tenancy law, how waiting lists are assessed legally, which exceptions may exist and what rights you have as a tenant — for example protection against discrimination, the right to transparent allocation criteria and options to challenge unfair practices. I also describe typical steps for collecting evidence, filing complaints and, if necessary, contacting the district court. The goal is to give you orientation so you can assert your tenant rights in Austria with confidence.
Legal framework
In Austria the Mietrechtsgesetz (MRG) and general provisions of the ABGB govern which criteria landlords must observe when allocating housing. Waiting lists are not prohibited per se, but they must not be discriminatory and must be applied transparently.[1]
When waiting lists are permissible
Waiting lists can be permissible if they use objective, comprehensible criteria, such as household size or availability. Blanket bans or arbitrary allocations are not allowed.
What tenants can do
- Collect documents: photos, messages, and proof of your housing application.
- Watch deadlines: respond promptly to offers or written notices.
- File formal complaints if criteria and information are missing.
- Seek legal help and consider contacting the district court.[2]
FAQ
- May a landlord keep a waiting list?
- Yes, but only if the list uses objective and non-discriminatory criteria and is handled transparently.
- Can a landlord ask about income?
- Income information may be requested if relevant for credit checks, but it must not be used for unlawful discrimination.
- What can I do if I am discriminated against?
- Document incidents, contact advisory services or lawyers, and consider legal action before the district court.
How-To
- Collect documents: safely store applications, messages and receipts.
- Send a written complaint to the landlord with a deadline.
- Contact advisory services or tenant associations.
- If necessary, file a claim at the district court.
Key Takeaways
- Waiting lists are allowed, but not if they are discriminatory.
- Good documentation significantly strengthens your position.
- Formal complaints are often an effective first step.
