Subletting Costs: Who Pays? Tenants in Austria
As a tenant in Austria it is important to know who bears which costs during a sublet. If unclear, statutory rules, the agreement between main tenant and subtenant and arrangements with the landlord help. Many questions concern rent payment, utilities, minor repairs or damage that occur during the sublet. This guide explains clearly which costs are typically paid by the subtenant, the main tenant or the landlord, what role the Tenancy Act plays[1] and how to resolve disputes constructively. It contains practical steps for communication, documentation and legal action as well as pointers to official authorities in Austria.
Who typically pays in a sublet?
In a sublet there are three parties: landlord, main tenant and subtenant. As a rule the subtenant pays the agreed rent to the main tenant; however the main tenant remains liable to the landlord as long as the main tenancy exists. Utilities are usually governed by contract; repairs distinguish between small maintenance and major defect remediation. Specific agreements in the sublet contract are decisive.
Cost examples
- Sublet: agreed base rent and share of utilities are normally paid by the subtenant.
- Deposit: the subtenant usually pays a separate deposit to the main tenant if agreed.
- Minor repairs: usually paid by the subtenant up to the contractual limit.
- Major defects and maintenance: generally landlord obligations under tenancy law.
- Damage from negligence: claim for compensation against the person who caused the damage.
It is important who explicitly assumes which duties in the contract; without clear rules the main tenant often remains responsible towards the landlord.
Contractual security
A written sublet agreement protects everyone. It regulates duration, rent amount, division of utilities, deposit and who is responsible for which repairs. If possible, obtain the landlord's consent in writing to avoid problems. Forms and court templates are available via official portals[2].
Practical tips
- Take photos of the inventory report on move-in and move-out to secure evidence.
- Communicate any changes in rent or condition in writing.
- Set a reasonable deadline for remedying defects and document deadlines.
FAQ
- Does the subtenant have to pay rent directly to the landlord?
- No, normally the subtenant pays the main tenant. Only if contractually agreed otherwise or the landlord explicitly requests it will payment to the landlord be due.
- Who pays repairs during the sublet?
- For minor repairs the subtenant usually pays up to the contractual limit; for larger maintenance measures the landlord is typically responsible based on statutory rules.
- What to do in disagreements about costs?
- Document all damage, contact the main tenant first, try to reach an amicable solution and consider legal steps at the district court if necessary.
How-To
- Check the contract: Read the sublet agreement and main tenancy contract carefully and note cost provisions.
- Document: Create a move-in report with photos and receipts for existing damage.
- Contact: Talk first with the main tenant and if necessary the landlord and propose a solution.
- Set a deadline: Request a reasonable deadline in writing for repairs that are required.
- Legal steps: If no agreement is reached, collect documents and seek legal advice.
Key takeaways
- Clear written agreements reduce later disputes about costs.
- Documentation at move-in and move-out protects your claims.
Help and Support
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justice - Information and Services
- [3] JustizOnline - Forms and e-Services
