Subletting Deadlines for Tenants in Austria
As a tenant in Austria you may often wonder which deadlines and rules apply to subletting and whether you need the landlord's consent. This article explains clearly which time requirements for requests, responses and objections matter, how long you should wait for consent and what steps you as a tenant can take if the landlord does not respond or unlawfully refuses consent. I outline practical deadlines, what to pay attention to in letters and how to document evidence safely so you can better assert your rights before the district court or in negotiations. The language is intentionally simple and understandable for tenants without a legal background.
What applies to deadlines for subletting?
Fundamentally, tenancy law determines whether and when landlord consent for subletting is required; the tenancy agreement often demands the landlord's consent. According to the Mietrechtsgesetz (MRG) and general tenancy principles, tenants should submit requests in writing and give the landlord sufficient time to decide. If a time limit is named by law or contract, it is binding; if no specific deadline exists, reasonable deadlines apply depending on the case.[1]
- Consent deadline: Contractual deadlines must be observed; without agreement a timely response is recommended.
- Form and proof: Submit your request in writing and, if possible, request confirmation of receipt or send by registered mail.
- Documentation: Photos, messages and emails help in later disputes.
How to act if the landlord does not consent?
If the landlord does not reply within a reasonable period or refuses consent, first check operating cost rules, house rules and contractual clauses. A formal request is often sensible before objection or lawsuit. In case of unlawful refusal, tenants can assert injunctions or consent in court.
Practical steps for tenants
- Written request: State purpose, duration and identity of the subtenant clearly and include contact information.
- Set a deadline: Give a reasonable deadline for a reply, e.g. 14 days, and document this deadline.
- Collect evidence: Keep copies of messages, signed agreements and photos.
- Court action: If necessary, consider filing at the district court or seek legal advice.[2]
What tenants should pay special attention to
Watch for clauses in the lease about maximum occupancy and potential additional costs. Clarify unclear clauses before accepting a subtenant. Inform the subtenant about house rules and possible extra costs. If repairs or defects occur, they are handled separately and do not directly change the consent obligation.
FAQ
- Do I always need the landlord's consent for subletting?
- Not always; it depends on the lease and legal situation. Consent is often required, especially in primary tenancy relationships.
- How long may the landlord take to respond?
- A contractual deadline is decisive; if none exists, a reasonable period applies depending on the case.
- What can I do if consent is refused?
- Have the refusal justified in writing, consider lodging an objection and as a last resort approach the district court or seek legal advice.[2]
How-To
- Draft a written request including all relevant information about the subletting.
- Set a deadline for reply and send the request in a provable way.
- Collect evidence and document responses.
- If refused, consider legal steps or advice and use official forms and services.[3]
Help and Support / Resources
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justiz.gv.at - Information about courts
- [3] JustizOnline - Forms and e-Services
