Short-Term Rentals in Austria: Tenant Rights
As a tenant in Austria, you should understand how short-term and holiday rentals (e.g., Airbnb) can affect your living situation. This guide explains in plain language what rights and obligations tenants have, which restrictions exist under the Mietrechtsgesetz (MRG), and how you can respond if rentals cause noise, reduced safety, or pressure to vacate. It outlines practical steps for documenting problems, how to file formal complaints, and which deadlines to observe. The goal is to empower tenants to protect their interests within Austrian rules.
What is short-term rental?
Short-term or holiday rental refers to temporarily renting an apartment to changing guests for days to weeks. For tenants this can mean that the landlord rents out their own rooms or the entire apartment temporarily via platforms like Airbnb. Sometimes this is contractually prohibited; in other cases the main tenant's consent or special permits are required.
Rights and obligations of tenants
As a tenant you are protected: you cannot be arbitrarily displaced from the apartment, and basic habitability standards must be maintained. At the same time you remain responsible for your rent payments even if guests temporarily occupy parts of the property.
- Evictions or changes must comply with contractual and legal rules.
- The obligation to pay rent and utilities remains in place.
- Repairs and maintenance duties depend on the lease and the MRG.
- Data protection and privacy must be respected, especially regarding guest access and key handovers.
What to do about disturbances or legal uncertainty?
Start with clear documentation: note times, the nature of the disturbance and affected rooms. Talk to the landlord; often rules or time windows can be agreed. If conversations do not help, send a written request to stop the defect or to cease the behavior, with a deadline.
Before you sue
Check your lease and note any relevant clauses. Some contracts only permit subletting with consent; others outright prohibit temporary third-party rentals. Use local counseling services or legal aid before considering court action.[1]
Frequently Asked Questions
- Can my landlord rent parts of the apartment to guests on short notice?
- That depends on the lease and the MRG; in many cases the consent of the main tenant or a contractual agreement is required.[1]
- Can I reduce rent because of noise from guests?
- With significant impairment a rent reduction may be possible; document the extent and duration and seek legal advice.
- How quickly must I respond to a formal eviction notice?
- Deadlines are short and formal requirements must be met; act immediately and seek legal counsel, as missed deadlines are disadvantageous.[2]
How-To
- Collect evidence: photos, messages, guest lists and noise logs.
- Contact the landlord in writing and describe the problems precisely.
- Set a deadline to remedy the issue and announce formal steps if necessary.
- If needed, file a claim at the competent district court or use mediation services.
Key points
- Documentation is crucial for success in disputes.
- Early contact with landlords can prevent escalation.
Help and Support / Resources
- [1] RIS - Legal Information System of the Federal Government
- [2] Justice - Information on Court Procedures
