Subletting Documents for Tenants in Austria
As a tenant in Austria you may plan a temporary sublet while traveling abroad or during a fixed-term job change. To keep the sublet legally secure and avoid later disputes, prepare key documents: the main rental agreement (rent), a written landlord consent (form), identity verification, proof of payments (deposit) and a clear agreement on duration and rent amount. This page guides you through typical documents, explains form requirements and shows which proofs courts or authorities commonly request. Practical steps help you create a transparent subletting arrangement and prevent future problems. Legal references and practical tips indicate where to find official information and forms. If uncertain, seek legal advice. Keep copies of all documents.
Common documents
Prepare the following proofs before you agree to a sublet or sign an arrangement.
- Main rental agreement (rent) or a copy of the current lease as the basis for subletting.
- Written landlord consent (form) for subletting; without consent the main tenancy may be at risk.
- Identity card or passport to identify the subtenant.
- Proofs of payment (deposit) such as payslips or bank statements for credit checks.
- Written sublease agreement (form) with duration, rent, deposit rules and notice periods.
- Photos and an inventory handover report (evidence) as proof of condition at handover.
Formal requirements and key details
A written agreement is strongly recommended; it clarifies duration, payment dates, deposit amounts and responsibilities for damages. In some cases special formal requirements apply under the Mietrechtsgesetz (MRG)[1], especially for open-ended main leases or when deposits are handed over. Pay attention to clear notice periods for termination and deposit return as well as rules for subletting costs and operating expenses.
Practical proofs and checkpoints
- Handover protocol (evidence) with date and signatures.
- Receipts for rent payments or deposit transfers (deposit).
- Written agreements on utilities and responsibilities (form).
- Documentation of existing defects or repairs (repair) with photos and dates.
What to do if landlord consent is missing
If the landlord refuses consent, check whether the lease contains clear clauses on subletting and whether the refusal is fact-based. If unsure, seek legal advice or check official forms at JustizOnline[2]. Court resolution typically takes place at the district court if an out-of-court agreement is not possible[3].
FAQ
- What documents does the subtenant need?
- The subtenant should have ID, proof of payments, the written sublease and a handover protocol ready.
- Do I always need the landlord's permission?
- Yes, in most cases written landlord consent is required; otherwise the main tenant may act contrary to the lease.
- Where can I find legal rules?
- Key rules are in the Mietrechtsgesetz (MRG) and related provisions; official texts are available in the RIS.
How-To
- Check the main lease (form) for clauses on subletting.
- Obtain written landlord consent (form) and keep the document.
- Draft a written sublease and collect payment proofs and identity documents (evidence).
- Settle deposit and payment terms clearly and issue receipts (deposit).
- If dispute arises: file documents at the district court or seek legal help (court).[3]
Key Takeaways
- Written landlord consent is central to safe subletting.
- Detailed documentation protects against later legal disputes.
- Receipts and payment proofs simplify deposit recovery.
Help and Support / Resources
- Rechts Information System of Austria (RIS)
- Justiz: Court and procedural information
- JustizOnline: Forms and e-services
