Recover Excess Sublet Rent: Deadlines for Tenants in Austria
Many tenants in Austria later discover that a sublet charged them too much. This article clearly explains which deadlines apply, when you can reclaim overpaid sublet rent and which steps are necessary to enforce claims. We explain which evidence is important, how to demand repayment in writing and when a lawsuit at the district court may be appropriate. We also provide practical wording, common obstacles and how deadlines are calculated. We also explain which statutory limitation periods must be observed, how to document deadlines and the role of photo evidence, payment records and written demands. At the end you will find a short checklist of action steps and links to official sources.
What does excessive sublet rent mean?
Excessive sublet rent applies when the requested payment is clearly above what is usual for comparable sublets, or when the agreed amount deviates from the main lease or legal rules. Legal bases and terms can be found in the Tenancy Law (MRG)[1].
Key deadlines and limitation periods
Once you know of an overpayment claim, you should act promptly. In many cases, filing a lawsuit at the competent district court is the usual route if no out-of-court agreement can be reached[2]. Note that different claims may be subject to different limitation periods.
When does the deadline start?
The deadline generally begins when you become aware of the overpayment or should have become aware. If in doubt, detailed documentation of payments and the contract content helps.
How deadlines are calculated
- Set the deadline from knowledge of the claim and document it in writing.
- Collect evidence: payment receipts, bank records, chats and photos as proof.
- Send a written demand to the subletting person; state the deadline and repayment amount.
- If no agreement: initiate a lawsuit or debt collection proceedings at the competent district court.
Frequently Asked Questions
- Can I reclaim overpaid sublet rent?
- Yes. If the agreed sublet rent is clearly higher than the market or the agreement, tenants can reclaim overpaid amounts.
- What evidence do I need?
- Payment receipts, bank transfer confirmations, correspondence with the subletting person and, if applicable, photos or listings showing customary prices.
- Where must I file a lawsuit?
- As a rule, the competent district court has jurisdiction; detailed information on procedures and jurisdictions can be found on the official justice websites[2].
How-To
- Collect all evidence and payment records.
- Send a written demand specifying the exact repayment amount and a deadline.
- Document the deadline and proof of receipt (e.g. registered mail).
- If there is no response: initiate a lawsuit or debt collection at the district court.
Key Takeaways
- Overpaid sublet rent can generally be reclaimed.
- Good documentation increases the chances of success.
- The district court is the appropriate authority in case of dispute.
