Subletting in Austria: Who Pays as Tenant?

Many tenants in Austria ask who covers which costs in subletting and which consent obligations apply. If you, as the main tenant, want to sublet a room or the whole apartment, this affects not only rent and utilities but also the deposit, repairs and possible damages. Uncertainties can lead to conflicts with the landlord or the subtenant. This article explains clearly when landlord consent is required, what financial obligations typically lie with the main tenant or subtenant, and what limits rental law in Austria sets. We provide practical steps to minimize risks and show how to secure rights in writing. Read on for concrete wording and examples.

Who pays what in subletting?

The basic rule is: agreements between main tenant and subtenant take precedence, provided they do not conflict with rental law; important statutory rules are found in the Mietrechtsgesetz (MRG).^[1]

• Rent (rent): As a rule, the subtenant pays the agreed rent directly to the main tenant or to the landlord if agreed.
• Utilities (rent): Operating costs like heating and water are usually allocated by agreement.
• Deposit (deposit): The deposit usually remains with the main tenant; clarify in writing how return and settlement take place.
• Repairs (repair): For damages, distinguish between normal wear and tear and damages caused by the subtenant.
• Evidence (evidence): Document condition and defects with photos and a handover protocol.

Landlord consent

Many leases require the landlord's consent to subletting. Without consent, there can be legal consequences up to termination of the main lease; the law prescribes special conditions in some cases.^[1]

• Check the lease (form): Read clauses on subletting and consent obligations carefully.
• Obtain written consent (form): Ask the landlord for written permission.
• Clarify conditions (approved): Set out rent, utilities, deposit and duration in writing.

Contractual: main tenant and subtenant

A clearly worded sublease protects both parties. It should include name, duration, rent amount, allocation of utilities, deposit arrangement and rules on repairs and return of the premises.

• Move-in and move-out rules (move-in/move-out): Specify handover date and condition.
• Privacy and data protection (security): Regulate access, visitor rules and key management.

FAQ

Do I need the landlord's consent to sublet?

In many cases yes; check your lease and obtain written consent if in doubt.^[1]

Who pays the deposit in a sublet?

Usually the subtenant pays the deposit to the main tenant, who remains responsible to the landlord; agree in writing on return and settlement.

What can I do if the subtenant does not pay?

Document arrears, issue written reminders and consider legal action at the district court.

How-To

1. Check the lease (form): Read clauses on subletting and note necessary steps.
2. Obtain written consent (approved): Request permission from the landlord.
3. Create a sublease (move-in): Agree on rent, utilities, deposit and duration in writing.
4. Document handover (evidence): Make a protocol with photos.

Key takeaways

• Always obtain written landlord consent if the lease requires it.
• Document condition at move-in and move-out to avoid disputes.
• Clear written agreements on rent and deposit prevent misunderstandings.

Help and support

• Contact district court and legal information
• Forms and legal texts (RIS)
• JustizOnline: court steps and e-forms

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] JustizOnline - Electronic court procedures and forms