Subletting: Consent & Limits for Tenants in Austria
Many tenants in Austria wonder when subletting is allowed and what landlord consent is required. This article explains in plain language the contractual rules, legal limits and practical steps for subletting. You will learn when permission is necessary, what rights subtenants and main tenants have and how to document and resolve conflicts. It also describes which deadlines and formal notices matter, how different lease types affect subletting and when legal advice or the district court may become necessary. The goal is to give tenants clear, practical actions so subletting runs fairly and legally. Read the tips and learn how to obtain consent in writing and avoid disputes.
When is subletting allowed?
Whether subletting is allowed depends first on the lease and legal requirements. In many cases landlord consent is required, especially if the lease provides for it or if subletting changes the use of the apartment. The Mietrechtsgesetz (MRG) and general contractual rules are decisive here[1].
Typical prerequisites
- Landlord's written consent (form) is often required.
- No additional unlawful rent or deposit without agreement (rent/deposit).
- No contractual bans or statutory restrictions (ban/prohibit).
- A clear sublease contract and documentation (document/evidence) protect both parties.
If the landlord refuses consent without justified reason, legal steps may be possible; careful documentation and a formal request often help.
Rights and obligations of main tenant and subtenant
The main tenant remains responsible to the landlord for rent and care obligations. The subtenant has claims against the main tenant that should be regulated contractually. Clarify duration, rent, allocation of utilities, use of furniture and house rules in writing.
- Agree clearly on the amount of subrent (rent).
- Set rules for access and privacy, such as keys and entry (entry/privacy).
- Clarify who is responsible for repairs and maintenance (repair/maintenance).
What to consider with fixed-term leases?
With fixed-term main leases, subletting may be treated differently; sometimes it is only possible with permission or excluded. Check durations and termination deadlines carefully and inform the landlord in time.
FAQ
- When can I sublet?
- Subletting is possible if the lease or law does not prohibit it and usually if the landlord agrees; check written rules and the MRG[1].
- Do I always need written consent?
- It is practical and legally safer to obtain consent in writing; oral agreements make later proof difficult.
- What can I do if the landlord refuses?
- Document the refusal, check the reasons and seek legal advice or the district court if necessary; some cases can be reviewed by a court[2].
How-To
- Check the main lease first for subletting clauses (form).
- Contact the landlord in writing and explain duration, person and rent (contact).
- Record all agreements in writing and collect receipts (document).
- Arrange move-in and move-out dates and return of keys (move-out/move-in).
- In case of dispute: send formal letters and consider court clarification at the district court (court).
