New-Build Rent: Tenants' Rights in Austria
As a tenant in Austria you may face questions about rent in new-builds: is a higher price justified, what role do category rent, standard value and legal formal requirements play, and how must landlords justify an increase? This practical guide explains in clear language which rules the Tenancy Law (MRG)[1] provides for new builds or market-rate apartments, how you can protect your rights as a tenant and which deadlines apply to objections. Read how to check formal notices, gather evidence and seek support if needed so you can decide whether a rent increase is lawful or whether legal steps make sense. We also show how to prepare documentation for district court cases and which official sources are helpful.[2]
How new-builds affect the rent
Rents in new builds are often higher because construction costs, fittings and market prices play a greater role. Market-rate apartments are not always subject to the same limits as older protected contracts; this affects whether category rent or standard-value adjustments apply. Pay attention to contract clauses on category rent, which can set higher rates, and to formal requirements for increases.
Key factors at a glance
- Rent in new-builds: often market-rate and dependent on demand.
- Category rent: contractual tiers can determine rent levels.
- Formal requirements: increases often must be notified in writing and justified.
- Standard value and evidence: comparisons and proof strengthen your case.
What tenants can do
If you receive a rent increase, first check the written form, justification and whether deadlines were observed. Gather all relevant evidence: previous contracts, payment records, photos and correspondence. Contact advisory services or legal protection if uncertain, and consider an amicable solution before formal steps.
- Gather evidence: contract, payment receipts and correspondence.
- Check form: was the increase properly notified in writing?
- Contact support: tenant associations or legal advice.
FAQ
- When is a rent increase for a new-build permissible?
- An increase is permissible if contractually agreed, legally supported or plausibly justified; market-rate apartments often face fewer restrictions than older protected contracts.
- Does an increase have to be in writing?
- Yes, many increases must be announced in writing and justified; check the formal requirements in the lease and under MRG rules.
- Where can I turn if I want to object?
- Objection and evidence gathering are first steps; if necessary, a lawsuit can be filed at the district court.
How-To
- Check the increase for written form and justification.
- Observe deadlines for objections and any response periods.
- Collect all evidence: lease, payment receipts, photos and correspondence.
- Contact tenant support or legal advice for an assessment.
- If necessary, submit documents to the district court and use JustizOnline forms.[3]
Help and Support / Resources
- [1] RIS: Tenancy Law (MRG)
- [2] Justiz.gv.at: Information on court procedures
- [3] JustizOnline: e-forms and submissions
