Platform Rentals: Tenant Rights in Austria

Many tenants in Austria wonder whether their landlord may rent out a residential unit short-term via platforms like Airbnb and what consequences this has for the main tenancy agreement. This text explains in plain language when platform rentals may be permitted, which obligations landlords and tenants have, how terms like subletting and short-term rentals differ, and which deadlines and proof duties are important. You will receive practical advice on documentation, how to handle unauthorized rentals correctly and how to initiate legal steps. The aim is to provide tenants in Austria with concrete actions and reliable sources so you can assess and enforce your rights with confidence.

What does platform rental mean?

Platform rental refers to the short-term letting of an apartment or individual rooms via online platforms. It differs from classic subletting by duration, type of use and often the commercial nature of the offer. Tenants should know whether the use is prohibited by the main lease or if a permission exists in individual cases.

Legal basics

In Austria, tenancy questions are often regulated by the Mietrechtsgesetz (MRG) and the General Civil Code (ABGB); special rules for short-term rentals may also be interpreted differently by municipalities.^[1] Whether commercial short-term renting is permitted depends on the lease, land‑use and building law provisions and municipal regulations. In case of dispute, the competent district court usually decides; higher instances up to the Supreme Court (OGH) can create important precedents.^[2]

Landlord obligations

The landlord must comply with the provisions of the lease and the MRG; in many cases he is subject to reporting duties or requires an official permit for repeated short-term rentals. Landlords may not freely use the apartment commercially if this impairs the tenant's use or is contractually forbidden.

Tenant obligations

Tenants should check whether their contract regulates subletting and whether consent is required. If a platform rental takes place without permission, tenants can take steps such as a written demand to cease or initiating court action.

Practical steps for tenants

• Document dates, duration and type of platform rental with screenshots and messages.
• Check your lease in writing for clauses on subletting and permitted uses.
• Contact the landlord in writing and request cessation if necessary.
• If necessary, prepare documents for a complaint at the district court.

If you need forms or court notices, official portals like JustizOnline offer digital submission options for certain filings.^[3]

FAQ

May my landlord rent the apartment via platforms?

That depends on the lease, statutory provisions and municipal rules; repeated commercial renting without permission can be unlawful.

Does the landlord need my consent for subletting via platforms?

Often yes: Many leases require consent for subletting or explicitly regulate short-term uses.

What steps can I take as a tenant?

Document the situation, demand that the landlord stop in writing and consider court action if necessary.

How-To

1. Read the lease carefully and note relevant clauses.
2. Collect evidence: screenshots, listings, messages and witnesses.
3. Contact the landlord in writing and set a deadline to stop the practice.
4. Inform the competent municipality or report violations to the authorities if required.
5. If no agreement is reached, seek judicial clarification at the district court.

Key takeaways

• Platform rentals can affect your lease and living conditions.
• Thorough documentation is crucial for effective tenant action.
• Written communication with the landlord is often the first recommended step.

Help and Support / Resources

• [1] RIS – Legal Information System of the Republic of Austria
• [2] Justiz.gv.at – Information on courts and procedures
• [3] JustizOnline – Electronic forms and submissions

1. [1] RIS – Rechtsinformationssystem des Bundes
2. [2] Justiz.gv.at – Informationen zu Gerichten und Verfahren
3. [3] JustizOnline – Elektronische Formulare und Einreichungen