Short-Term Rentals in Austria for Tenants
As a tenant in Austria, short-term or holiday rentals often raise many questions: Can the landlord rent out on Airbnb at short notice, what rights do you have regarding noise or guest use, and how do termination rules apply? This guide clearly and practically explains landlord and tenant obligations, how to report defects and repairs, which deadlines apply and when court proceedings may arise. You will receive concrete action steps, checklists for documentation and references to official Austrian sources so you can protect your interests as a tenant and resolve potential conflicts early. At the end you will find a step-by-step guide, an FAQ and links to RIS and justice sites for forms and laws.
What Tenants Should Know
Multiple legal areas can be relevant for short-term and holiday rentals: tenancy law under the Mietrechtsgesetz (MRG), contractual provisions in the lease and possibly local regulations. First check your lease and whether there is explicit permission for subletting or short-term use. If not, unauthorized short-term rentals can constitute a contract breach. Also read the rules on termination protection and defect remediation before taking action yourself.[1]
Key Steps for Tenants
- Document bookings, photos of disturbances and all communications with dates.
- Notify the landlord in writing about the situation and request clarification.
- Report defects immediately and set a reasonable deadline for repairs.
- Observe deadlines when replying and when initiating steps.
- Consider reporting to authorities or legal action if conflict persists.
If guests regularly cause problems, collect evidence and talk to the landlord. If no agreement is possible, inform yourself about court options at the district court and potential sanctions against the landlord.[3]
Rights on Defects and Repairs
As a tenant you are entitled to a habitable dwelling. If guests cause damage or significant disturbances, the landlord is generally obliged to remedy them if he is responsible. Document damages and demand correction in writing. Keep copies of all correspondence and replies.
FAQ
- Does the landlord need the tenant's permission for short-term rentals?
- Often yes: Many leases require consent for subletting. Without clear permission, short-term rentals can breach the contract and have legal consequences.
- Can the landlord terminate because of guests?
- Termination is possible if there are significant contract breaches. Terminations are subject to strict deadlines and formalities under tenancy law.
- Who is liable for guest-caused damages?
- Generally the landlord is responsible for selection and supervision of subtenants, but specific liability depends on the contract and fault.
How-To
- Document incidents with date, photos and witness details.
- Send a formal defect notice to the landlord and request remedy.
- Set a reasonable deadline for repair and monitor deadlines.
- If no resolution occurs, consider legal action or contacting advisory services.
Key Takeaways
- Documentation is the cornerstone of any tenancy dispute.
- Check your lease for subletting clauses before acting.
- Seek legal advice early if conflicts escalate.
Help and Support / Resources
- Mietrechtsgesetz (MRG) - RIS
- Information on court procedures - Justiz
- JustizOnline (forms and e-services)
