Overcharged Subrent? Tenant Rights in Austria

Many tenants in Austria discover that the requested subrent is too high and look for clear steps to reclaim it. This guide explains in plain language which rights subtenants have, which deadlines apply, which evidence is important and when a letter to the main tenant or a lawsuit at the district court may be appropriate^[2]. You will receive practical templates for a claim letter, tips for calculating overpaid amounts and advice on documenting receipts and communication. References to the Mietrechtsgesetz (MRG)^[1] and official form services are provided so you can quickly check further information^[3].

Step-by-step procedure

Start calmly and with documentation: first check written agreements, collect evidence and calculate the overpaid amount. Communicate your claim in writing and set a clear deadline.

• Check the contractually agreed rent and compare it with the demanded subrent.
• Collect evidence such as receipts, bank statements, photos and message history.
• Pay attention to limitation periods and act within the relevant deadlines.

What to include in a claim letter

A clear letter to the main tenant increases the chances of an amicable solution. State the amount, period, evidence and a deadline for repayment.

• Draft a short claim with concrete numbers (amount, period).
• Attach copies of evidence and provide a summary of payments.
• Specify a reasonable repayment deadline and announce further steps if the deadline is ignored.

If the main tenant does not respond, document your contact attempts and consider out-of-court settlement or mediation.

Further notes

Assess whether the case falls under the Mietrechtsgesetz (MRG) or whether general civil law rules apply. For complex cases legal advice may be useful; in many situations, well-documented claims and a structured approach are sufficient.

FAQ

Can I reclaim overpaid subrent?

Yes, if the demanded subrent is excessive or was not contractually agreed, you can examine a claim and assert it in writing.

What deadlines apply?

Limitation periods and deadlines depend on tenancy law and general civil law provisions; act promptly and document everything.

When is a lawsuit at the district court appropriate?

If negotiations fail and written claims remain unsuccessful, judicial enforcement at the district court may be necessary.

How-To

1. Collect all evidence: receipts, transfer records, messages and photos.
2. Draft a written claim with amount, period and deadline and send it with proof of delivery.
3. Wait for the stated deadline and record any response or lack thereof.
4. If necessary, file a lawsuit at the competent district court or seek legal advice.

Help and Support

• RIS — Legal Information System of the Republic of Austria
• Justiz.gv.at — Information about courts
• JustizOnline — Electronic forms and filings

1. [1] RIS — Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at — Information about district courts
3. [3] JustizOnline — Electronic forms