Subletting Rules for Tenants in Austria

Subletting can be a practical solution for tenants but carries legal pitfalls. In Austria tenants should know when landlord consent is required, what formal requirements apply to sublease agreements and how liability or deposit issues are handled. This guide explains in plain language the duties and rights you have as a tenant, how to create a clear sublease contract, which deadlines to observe and how to document disputes. Practical steps help avoid problems such as unjustified termination or claims for damages. At the end you will find concrete advice on communicating with the landlord, using official forms and additional support services in Austria.

What is subletting?

Subletting occurs when a primary tenant rents the apartment or parts of it temporarily to a third person. For tenants this means: you remain the contractual partner of the landlord but bear responsibility for the subtenant and the apartment. Clear agreements reduce later conflicts and provide legal certainty.

Landlord consent

In many tenancy relationships landlord consent for subletting is legally required. Obtain this consent in writing and document the date and content of the permission. Without consent there may be legal risks up to termination of the main lease.^[1]

Sublease agreement: content & form

A written sublease agreement creates clarity. It should specify duration, rent, deposit and responsibilities for damages. Pay attention to clear wording on move-in, move-out and the use of furniture or shared areas.^[2]

• Duration of the sublease (time)
• Rent, payment method and due dates (rent)
• Deposit agreement (deposit)
• Keys, access and house rules (entry)
• Rules on liability and damages

Deposit and liability

Clearly agree if and how much deposit is required and how deductions for damages will be handled. Keep receipts and document the condition of the apartment at handover with dated photos.

• Set deposit amount and repayment deadline
• Create a condition report with photos
• Keep receipts for payments

Practical steps before starting subletting

• Obtain landlord consent in writing (form)
• Take photos of the apartment condition (evidence)
• Document all agreements and payments (record)
• Note deadlines and duration in your calendar (time)

FAQ

Do I always need landlord consent?

Not always, but in many cases yes. Check your main lease for clauses on subletting and obtain written permission if in doubt.^[1]

What should a sublease contract include at minimum?

Names of the parties, duration, rent, payment method, deposit, rules on damages and termination periods.

Who is liable for damages caused by the subtenant?

The primary tenant remains responsible towards the landlord; resolve internal liability and possible recourse claims separately.

How-To

1. Ask the landlord for permission and obtain it in writing.
2. Prepare a written sublease agreement with clear terms.
3. Document the apartment condition with photos and a handover report.
4. Note important deadlines such as move-in, move-out and deposit return.
5. Hand over keys and inventory with precise documentation.

Help and support

• Mietrechtsgesetz (MRG) - RIS
• justiz.gv.at — information on tenancy law
• JustizOnline — forms and e-services

1. [1] RIS — Mietrechtsgesetz (MRG)
2. [2] JustizOnline — Formulare und E‑Services