Short-term Rentals: Tenant Rights in Austria
Many tenants in Austria are unsure which rights apply to short-term or holiday rentals booked through platforms (e.g. Airbnb). This guide explains in clear, practical terms what obligations landlords have, when tenants can be evicted, the rules for repairs and safety, and how to report damage or noise. It shows which provisions of tenancy law in Austria are relevant, which deadlines to observe and which evidence helps if a dispute goes to court. The information helps you better understand daily rights and duties and to take the right steps if needed. If necessary, you will find guidance on official procedures, affidavits and template letters.
Rights & Obligations for Short-term Rentals
Whether short-term rental is permitted often depends on the lease, house rules and local regulations. The Mietrechtsgesetz (MRG) and other provisions should be reviewed[1]. Tenants should check whether their lease allows subletting or commercial use. If a landlord wishes to terminate without legal grounds, strict formal and substantive requirements apply.
Renting via Platforms (Airbnb)
- Check registrations and permits: Some municipalities require notifications and permits.
- Reporting and tax obligations: Hosts often must comply with local levies and taxes.
- Respect house rules: Short-term rentals must not violate house rules or owner agreements.
- Keep records: Save bookings, messages and receipts to support claims.
Termination and Deadlines
Terminations in tenancy relationships are subject to formal requirements; quick action is important in case of unjustified notices. Court proceedings are handled by the district court; legal advice can help ensure deadlines and service rules are met[2].
Repairs & Reporting Defects
- Report defects: Notify the landlord in writing and promptly about damages.
- Set deadlines: Give a reasonable deadline for remedy and document it.
- Secure evidence: Photos, videos and witness names help in disputes.
- Rent reduction: A reduction may be possible for significant defects.
FAQ
- Can the landlord prohibit short-term rentals without permission?
- In many cases yes, if the lease or house rules prohibit it; check your lease and communicate in writing.[1]
- Am I liable as a tenant for damage caused by guests?
- Generally the party causing the damage is liable; as a tenant you should distinguish responsibility and insurance coverage.
- How quickly must the landlord carry out repairs?
- Emergencies must be addressed immediately; other defects require a reasonable deadline for remedy.[2]
How-To
- Document the situation with photos and messages.
- Contact the landlord in writing and request remediation.
- Set a clear deadline and state possible next steps.
- If necessary, file a claim at the competent district court.
Key Takeaways
- Short-term rentals do not automatically change core tenant rights.
- Good documentation increases chances of success in disputes.
