Short-term & Holiday Rentals: Tenant Rights in Austria

As a tenant in Austria, short-term or holiday rentals can raise extra questions about deadlines, obligations and eviction protection. This guide explains in clear language which rights tenants have, which duties landlords bear and which deadlines apply to termination, security deposit or handover. You will learn how documentation, photos and communication help as evidence, which forms and deadlines are important^[3] and when judicial steps become necessary. The aim is to give tenants practical actions so disputes are identified early and handled with legal certainty.

Rights, Obligations and Deadlines

Key rules are found in the Mietrechtsgesetz (MRG)^[1] and in parts of the Allgemeines Buergerliches Gesetzbuch (ABGB)^[2]. Crucial are termination deadlines, formal requirements and the landlord's duty to maintain the apartment.

• Deadline (Frist) for termination: Which deadlines landlords and tenants must observe.
• Security deposit (Kaution): Amount, repayment and permissible deductions.
• Repairs (Reparaturen): When defects must be remedied and how tenants should proceed.
• Formal notices (Notices): Service, deadlines and proof.
• Evidence gathering (Beweissicherung): Collect photos, logs and email communication.

Unauthorised Short-term Rentals and Subletting

Subletting or commercial short-term renting can conflict with the lease. Check your contract and first speak with the landlord; many issues can be resolved this way.

• Check the contract (Vertrag prüfen): Read the document and look for subletting clauses.
• Contact the landlord (Vermieter kontaktieren): Inform in writing and set a deadline for response.
• Collect evidence (Beweise sammeln): Listings, screenshots and payments.
• If necessary: Consider claims or applications at the district court (Bezirksgericht).

How-To

1. Document: Collect photos, dates, names and written communication.
2. Set a deadline: Send a written request to remedy defects or stop the short-term rental.
3. Seek help: Get advice from a tenant association or a lawyer.
4. Legal route: If needed, initiate a claim or interim measures at the district court.

FAQ

Can the landlord terminate at short notice because of holiday rentals?

Only if the lease or law provides such authority; otherwise statutory termination deadlines must be observed.

May the landlord allocate the apartment to short-term guests without notice?

No, regular use by third parties can constitute a contract breach; check the lease wording.

What evidence helps in a dispute over the deposit?

Photos at move-in and move-out, handover protocols and proof of payment are important.

Key Takeaways

• Observe deadlines and act early.
• Document comprehensively and secure evidence.
• Communicate in writing and keep records.

Help and Support

• [1] RIS – Mietrechtsgesetz (MRG)
• [2] RIS – Allgemeines Buergerliches Gesetzbuch (ABGB)
• [3] JustizOnline – Court records and forms

1. [1] RIS – Mietrechtsgesetz (MRG)
2. [2] RIS – Allgemeines Buergerliches Gesetzbuch (ABGB)
3. [3] JustizOnline – Court records and forms