Subletting in Austria: Tenant Rights
Tenants in Austria often face questions about subletting: when consent is required, what rules apply to duration and number of subtenants, and how to protect your rights in conflicts? This guide explains in plain language the key points about subletting, the duties and rights tenants have, and the first steps to take in disputes with a landlord. We cover how to check the lease, obtain written consent, collect necessary documents and when legal action makes sense so you can act safely and informed.
Legal basis
Subletting is often influenced by the Tenancy Law (MRG) and the general provisions of the Austrian Civil Code (ABGB).[1][2] Whether consent is required depends on the lease and circumstances such as the length of the sublet. If in doubt, check the contract and the law and consider asking the competent authorities for guidance.
When do tenants need consent?
Generally, tenants should obtain landlord consent when the sublet is long-term, the number of residents increases significantly, or the lease contains an explicit prohibition. Written permission protects both parties and clarifies duration and conditions.
- If the lease expressly forbids subletting.
- For a permanent relocation of the main tenant (e.g. permanent move-out).
- If more people live in the apartment than agreed.
- For commercial or business use by the subtenant.
Limits to subletting
Landlords cannot arbitrarily ban subletting, but legitimate interests such as overcrowding or threats to housing quality justify restrictions. Unauthorized subletting can lead to termination or require the landlord to demand consent. Contract clauses and legal rules are the benchmark.
FAQ
- Do I need my landlord's permission before subletting?
- In many cases yes; especially for longer sublets or if the lease requires it, written consent is recommended.
- Can the landlord prohibit subletting entirely?
- A total ban is only effective if it is written in the lease or the landlord has legitimate interests such as overcrowding.
- What can I do if the landlord refuses permission?
- Collect evidence, document requests in writing and consider legal action at the district court; JustizOnline provides forms and information.[3]
How-To
- Check the lease for any clauses on subletting.
- Contact the landlord in writing explaining duration and number of occupants.
- Request written consent and keep a copy of the response.
- Document the apartment condition, payments and agreements with photos and receipts.
- If necessary, prepare documents for legal clarification and use advisory services or JustizOnline.
Key Takeaways
- Obtain written landlord consent to avoid future disputes.
- Clarify responsibilities for repairs and utilities with subtenants.
- Respect privacy and data protection for all parties.
Help and Support
- [1] RIS: Tenancy Law (MRG)
- [2] RIS: Austrian Civil Code (ABGB)
- [3] Justice: Information on court proceedings and district court
