Rent Guidelines in Austria: Tenant Rights
Many tenants in Austria wonder if and when a landlord may declare the rent guideline (Richtwertmiete) and what this means for the monthly rent. This article explains in clear language what the rent guideline means, which formal conditions landlords must meet and what rights you have as a tenant — for example objection, rent reduction, or the right to information. It describes typical steps when a rent adjustment is announced, necessary deadlines and which documents can serve as evidence. The goal is to give you practical actions so you can protect your interests as a tenant and decide whether to agree or to pursue a legal challenge. Read on for examples, template wording and pointers to authorities that support tenants.
What does Richtwertmiete mean?
The rent guideline is a legally recognized orientation for calculating permissible rents for certain older apartments and protected categories; it serves as a basis in the Mietrechtsgesetz (MRG) and influences whether and to what extent a rent increase is permissible[1]. Not every mixture of market rent and guideline rent is automatically legally correct; the decisive factors are the statutory conditions and the type of tenant protection.
When may the landlord declare the rent guideline?
A landlord may declare the rent guideline only under certain legal conditions. Common requirements are clear form rules, comprehensible calculations and the question whether the apartment falls under the scope of the MRG. Important: The declaration alone does not always lead immediately to a higher payment demand.
- Form requirement (form): The declaration must usually be made in writing and be comprehensibly justified.
- Evidence (evidence): Calculations, guideline tables and comparable apartments should be provided as documents.
- Deadlines (deadline): There are deadlines for objection and payment; respond in time.
- Amount stated (rent): Any adjustment must clearly state the new amount and the date it takes effect.
If unsure, first check the lease and request a detailed calculation. Collect all evidence (e.g. previous payment receipts, apartment description, photos) — such documents help in an objection or against unlawful demands.
What rights do tenants have?
Tenants have several protections depending on the type of dwelling and the applicability of the MRG or ABGB. Important options include:
- Objection (notice): You can send a formal written statement to the landlord and demand the calculation.
- Rent reduction (rent): In case of incorrect calculation or unlawful increase, a rent reduction may be considered.
- Evidence preservation (evidence): Photos, payment records and written communication are important for possible proceedings.
- Legal action (court): If disputes cannot be resolved out of court, the district court is responsible; procedural paths and deadlines can be found at the justice authorities[3].
The legal basis for many claims can be found in the Mietrechtsgesetz and additionally in the Allgemeines Bürgerliches Gesetzbuch (ABGB)[1][2]. Check carefully whether your apartment falls under the MRG before agreeing to a declaration.
FAQ
- Can the landlord declare the rent guideline without justification?
- No, the declaration must be comprehensibly justified and usually made in writing; a mere announcement is not sufficient.
- Do I have to pay more immediately if the landlord declares the rent guideline?
- Not automatically; check the basis of the declaration and respond within the deadlines with an objection or inquiry.
- Who should I contact if I am unsure?
- Contact a local tenant advisory service or the justice authorities for information on deadlines and procedures, and collect evidence.
How-To
- Check and request documents: Review the declaration immediately and request a written calculation with evidence (form).
- Gather documentation: Collect lease, payment receipts, photos and previous statements as evidence.
- File an objection: Submit a formal objection if the calculation is incomplete or incorrect (notice).
- Seek advice: Obtain legal or tenant-advice, especially for larger sums or unclear legal situations.
- Take court action if necessary: Submit files to the district court or use JustizOnline forms.
Help and Support / Resources
- RIS – Legal Information System of the Republic
- Justiz.gv.at – Information on court procedures
- JustizOnline – Forms and e‑services
