Subletting: Rules for Tenants in Austria
As a tenant in Austria, subletting can be a practical solution but it carries legal pitfalls. This text explains clearly when subletting is permitted, what landlord consent is required, which deadlines and formal requirements apply, and what rights tenants have regarding damage, rent payments or termination threats. I describe how to obtain written consent, which clauses in the lease are relevant, and how to collect evidence if a dispute arises. The goal is to give you, as a tenant, clear steps to avoid risks and protect your rights. Use these tips to sublet safely and informedly. Where necessary I refer to the Tenancy Law (MRG) and official resources so you can check formal steps if needed.[1]
What applies to subletting?
Subletting means a tenant lets the apartment or part of it to a third party. In general, many leases and tenancy law require landlord consent. Without consent the landlord may prohibit subletting or seek termination in a dispute.
Rights and obligations
- Obtain written landlord consent (form or message).
- Clearly arrange rent and utility payments: who pays what and when.
- Report and document repairs and defects immediately.
- Secure photos and a handover protocol as evidence.
- Observe deadlines: check notice periods and time limits.
Practically this means: read your lease carefully, note durations and document every agreement about subletting in writing. If a subtenant moves in, the main tenant remains responsible vis-à-vis the landlord for rent and damages. If agreement fails, court clarification is often necessary, typically at the district court.[3]
FAQ
- Do I always need the landlord's permission?
- In most cases yes. Many leases and tenancy law require consent; exceptions only apply if explicitly stated in the contract.
- What happens if I sublet without permission?
- The landlord can prohibit subletting or seek termination of the tenancy in a dispute; financial claims for damages are possible.
- How do I properly document the handover?
- Create a handover protocol with photos, date and signatures from main tenant and subtenant; keep payment receipts.
How-To
- First check the lease and the applicable law, such as the Tenancy Law (MRG).
- Request written consent from the landlord and keep the message or form.
- Prepare a handover protocol, take photos and note defects.
- Observe deadlines for notices and, if necessary, use JustizOnline for court filings.[2]
Help and Support / Resources
- Contact Tenancy Law (MRG) – RIS
- Contact district court and procedure info
- Contact JustizOnline e-Forms
