Subletting in Austria: Consent & Limits
Tenants in Austria often face practical and legal questions about subletting. This article explains in plain language when landlords must consent, what legal limits apply, and which common mistakes tenants should avoid. You will receive concrete advice on documentation, how to draft a written request, and possible steps if consent is refused. The aim is to give tenants clarity and practical steps so that both primary tenants and subtenants better understand their rights and obligations and can resolve disputes constructively.
What is Subletting?
Subletting means the primary tenant rents part or all of the dwelling to a third person while the main lease remains in force. Key factors are the extent of the handover and whether the subtenant moves in permanently or only temporarily. Always check your lease for clauses on subletting and any required notifications.
When Is Consent Required?
As a rule, the landlord may require or lawfully refuse subletting of residential premises; in many cases written consent is advisable to avoid misunderstandings. Relevant provisions in the Mietrechtsgesetz (MRG) should be checked. Courts sometimes take a more lenient view when subletting is limited in time and scope.
Common Mistakes with Subletting
- Failing to request permission in writing or relying on only a verbal agreement.
- Lack of documentation for agreements, payments, and arrangements with the subtenant.
- Unclear terms on rent amount or utilities between the primary tenant and subtenant.
- Undefined responsibilities for repairs and maintenance.
What to Do If the Landlord Refuses?
If the landlord denies consent, review the reasons and gather evidence explaining your situation (duration, identity of the subtenant, intended use). Initially seek discussion and consider offering a time-limited arrangement or a draft sublease for review. If necessary, proceeding to the district court is an option; courts decide disputes based on the concrete circumstances and the MRG.
How to Prepare a Request to the Landlord
Draft a clear written request including the subtenant's name and contact details, planned duration of subletting, answers about use and rent, and a simple draft sublease. Attach copies of relevant documents and set a polite deadline for response.
How-To
- Read your main lease carefully for any subletting clauses.
- Send a formal written request to the landlord with details on the subtenant, duration, and rent.
- Include a draft sublease that specifies duration, rent, and utilities.
- Keep records of calls and confirm agreements by email or letter.
- If consent is unreasonably refused, seek legal advice and consider court options.
Key Takeaways
- Subletting is possible but often subject to conditions.
- Written consent and clear contracts best protect tenants.
- Keep thorough records of agreements and payments.
Help and Support
- [1] RIS - Legal Information System of the Republic
- [2] Justice - Court and Procedure Information
- [3] JustizOnline - Forms and e-Services
