Short-Term Rentals: Tenant Mistakes in Austria

Many tenants in Austria underestimate the risks of short-term and holiday rentals. Whether you sublet a flat temporarily or live in tourist areas: mistakes around landlord consent, unclear contract terms or missing communication can become costly. This article explains which pitfalls commonly occur, how tenants can protect their rights, which obligations to observe and what steps are useful if problems arise. You will receive concrete tips on documentation, deadlines, communication with the landlord and possible legal steps, including references to district courts and relevant legal provisions.

Legal Pitfalls

For short-term or holiday rentals in Austria, both contractual clauses and statutory provisions are relevant. The Mietrechtsgesetz (MRG) and civil procedure rules often determine which rights landlords and tenants have^[1]. Consent clauses in the lease or local habitability requirements can also be decisive; in disputes the district court is usually competent^[2].

• Missing landlord consent (Form) — Subletting without clear permission can lead to warnings or termination.
• Unclear rent amount or extra fees (Miete) — Pay attention to utilities, cleaning fees and refund rules for the deposit.
• Failure to repair / habitability issues (Reparatur) — Defects must be reported to the landlord, otherwise compensation issues may arise.
• Unclear access/key rules (entry) — Clarify visitor rules, key handover and privacy in writing.
• Deadlines and termination rules not observed (deadline) — Deadlines for notifications, refunds or counterclaims are crucial.

Tips for Tenants

Before subletting or if you suspect unlawful short-term rental, check the following points and act with documentation:

• Obtain written consent and document contractual clauses.
• Keep all agreements via e-mail or messages and store photos of condition and defects.
• Demand cost transparency: clarify cleaning fees, commissions and the deposit.

FAQ

Can the landlord generally prohibit short-term rentals?

That depends on your lease and the MRG; often explicit landlord consent is required, otherwise legal action may follow.

What should I do if guests cause damage?

Report damages to the landlord immediately, document everything and demand compensation. If disputed, court clarification may be necessary.

Who can I contact about deadlines or termination?

Contact the landlord in writing first; legal steps are handled through the district court if no agreement is possible.

How-To

1. Check the lease for subletting and short-term rental clauses.
2. Document condition, communication and payments thoroughly.
3. Observe deadlines for notifications, refunds and possible counterclaims.
4. If unresolved, consider proceedings at the district court or legal aid.

Help and Support / Resources

• [1] RIS — Mietrechtsgesetz (MRG)
• [2] Justiz — Information about courts
• [3] JustizOnline — Forms and e-Services

1. [1] RIS — Mietrechtsgesetz (MRG)
2. [2] Justiz — Information about courts
3. [3] JustizOnline — Forms and e-Services