Subletting in Austria: Tenant Rights & Consent
When is subletting allowed?
Subletting is generally possible if the lease or the Tenancy Act (MRG) does not explicitly prohibit it and the primary tenant obtains the landlord's permission. In many cases the contract or law requires consent in writing or compliance with certain conditions.[1] Subletting can be time-limited or for individual rooms; it is important that the use does not constitute a breach of the lease.
Landlord consent
When asking the landlord, tenants should provide clear and complete information. A written request increases legal certainty and documents the process.
- Period of sublet (from/to, exact dates)
- Proposed sublet rent and arrangement for utilities
- Details about the subtenant and proofs (ID, employment status)
Reasons and limits for refusal
The landlord may refuse consent for important reasons: overcrowding, endangering the property, unreasonable nuisance, or if the sublet violates mandatory regulations. A blanket refusal without justification is often contestable.
- Safety risks or legal prohibitions
- Risk of overcrowding or change of housing use
- Unreasonable disturbance to the community
Practical steps for tenants
Proceed in a structured way to avoid conflicts: check the lease, prepare a complete request and collect documents for the subletting. If necessary, obtain legal advice early.
- Check deadlines and submit the written request in time
- Send a written request including all relevant details
- Gather proofs such as ID, proof of employment and payment receipts
- Contact advisory services or legal counsel if unsure
FAQ
- May I sublet without permission?
- Without landlord consent you risk breaching the lease, which can lead to warnings or termination.
- What form must consent take?
- Written consent is recommended; the lease may specify formal requirements.
- Who can I contact for disputes?
- Contact tenant associations, district courts or legal counsel for resolution.
How-To
- Check the lease for clauses on subletting
- Write a written request specifying period and conditions
- Collect proofs such as ID, employment confirmation and receipts
- Contact advisory services or legal representation if the landlord refuses
Help & Support
- RIS - Legal Information System
- Justice - Information about courts
- JustizOnline - Court procedures and forms
