New Build Rent Review for Tenants in Austria
As a tenant in Austria, new-build apartments often raise different questions than older buildings: How is an appropriate rent calculated, what role do reference values or category rents play, and what formal requirements apply? This guide explains step by step how you as a tenant can review your rent for new builds, observe deadlines and evidence steps, and which rights you have under the MRG[1] and the ABGB. The language is simple so you can understand deadlines, collect necessary evidence and, if necessary, make formal objections or requests securely. You will receive practical tips on collecting evidence, communicating with the landlord and filing remedies at the district court. You will also find checklists for formal letters and information on which authorities in Austria are responsible.
What to consider for new-build rent?
First check the lease for agreements on category rent, reference value or free agreement. Pay attention to written formal requirements and deadlines, especially for pre-set increases or step rents.
- Check rent (rent) and comparable values
- Observe formal requirements and written notices (form)
- Keep deadlines (deadline) in view
- Documentation (document): collect photos, handover protocol and receipts
How is the rent calculated?
For new builds, category rent or contractually fixed rent may apply; in some cases deviations from the reference value are possible. Check comparable apartments and note differences in fittings and location.
Formal steps
If you have objections, send a written formal letter and document the dispatch. Some forms are available via JustizOnline[2].
FAQ
- Can the rent for a new build be higher than the reference value?
- Yes. New-build apartments can differ due to category or agreement; check the contract and comparable properties.
- What formal requirements apply to rent increases?
- Written form is often required; observe statutory deadlines and the form of the notice.
- What can I do if I consider the rent too high?
- Collect evidence, send a formal letter to the landlord and consider filing a claim at the district court.
How-To
- Check deadlines (deadline): when the increase takes effect
- Calculate rent (rent): check comparables and category rent
- Prepare and send a formal letter (form)
- Collect evidence (document): photos, handover protocol, payments
- Legal steps: file a claim at the district court
Help and Support / Resources
- RIS: Legislation and research
- Justice: Information on courts and procedures
- JustizOnline: Court e-forms
