Short-Term Rentals and Tenant Rights in Austria

Many tenants in Austria wonder how short-term or holiday rentals (for example via platforms like Airbnb) affect the tenancy. This guide explains in clear language what rights and duties tenants have, what to check in the lease and what steps are possible if the landlord rents out short-term or sublets without consent. We cover eviction issues, repairs, rent and data protection and show practical steps for resolving conflicts. At the end you will find an FAQ section and a short how-to on filing complaints or having a judicial termination reviewed. The goal is that you as a tenant in Austria can decide informedly when to consent and how to keep documents secure.

What applies to short-term/holiday rentals?

Whether a landlord may short-term rent the apartment or whether a tenant may sublet depends on the lease and the Mietrechtsgesetz (MRG)^[1]. In many cases explicit consent or a legal basis is required; without this disputes can arise, for example due to noise or breach of contract.

• Check the lease for clauses on subletting and time limits.
• Document disturbances with photos, dates, times and witness statements.
• First speak to the landlord and request written clarification.
• If eviction is threatened, check deadlines and formal requirements carefully.

Rights for repairs and habitability

The landlord is generally responsible for maintaining the apartment. Report defects in writing and set a reasonable deadline for repair; document deadlines and responses. If the apartment becomes uninhabitable, rent reduction or self-help repairs with cost recovery may be options, but clarify the legal basis in each case.

FAQ

May the landlord use my apartment for Airbnb?

That depends on the lease and the building. In many cases the landlord may not short-term rent the tenant's apartment without more; check your contractual agreements and speak with the landlord.

Do I need permission to sublet as a tenant?

Yes, in most cases you need the landlord's consent. Without consent subletting can be a breach of contract.

What can I do if frequent short-term guests cause disturbance?

Document disturbances, inform the landlord in writing and request remedy. If there is no response you can set deadlines and consider legal steps.

How do I prove claims for repairs?

Collect photos, messages, invoices and witness statements; send a written defect notice with a deadline for remedy.

How-To

1. Collect evidence: photos, screenshots of listings, dates and witness statements.
2. Check your lease for subletting clauses and specific prohibitions.
3. Contact the landlord in writing and demand clarification or cessation.
4. Set a reasonable deadline for remedying disturbances or clarifying the legal situation.
5. If necessary, prepare a complaint to the district court or use JustizOnline electronic forms^[2].
6. Seek legal advice early, for example from a tenants' association or a lawyer, before deadlines expire.

Help and Support

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

1. [1] RIS – Mietrechtsgesetz (MRG)
2. [2] JustizOnline – Electronic submissions