Subletting & Shared Flats in Austria: Tenant Guide
As a tenant in Austria, subletting, shared flats (WGs) and co-tenancy are often practical options, but they also raise legal questions. This text explains clearly when subletting is allowed, which obligations arise from a lease and how tenants can enforce their rights in case of defects, repairs or unlawful notices of termination. You will receive clear guidance on notifications, deadlines, documentation and conduct during viewings or handovers. The aim is to empower tenants to resolve conflicts where possible without court action and, if necessary, to proceed legally or with authorities. Many tips are practical and tailored to the Austrian legal situation. This guide also shows how to gather evidence and observe deadlines.
What is subletting, shared flats and co-tenancy?
Subletting means that a primary tenant temporarily hands over part or all of the apartment to another person. In a shared flat (WG) several people share an apartment and often the rent contract. Co-tenancy describes situations where multiple people act as joint tenants. The legal basis depends on your lease and the Mietrechtsgesetz (MRG)[1].
Rights and obligations
As a subtenant or WG member you have duties and rights towards the primary tenant and often also towards the landlord. Key points include:
- Pay rent on time and comply with agreements.
- Report defects and request necessary repairs.
- Observe notice periods and deadlines for defect notifications.
- Notify about subletting and check whether consent is required by the main lease.
- Respect privacy: access to the apartment only by agreement.
Termination, defects and legal steps
If there is a dispute about rent, repairs or termination, first communicate in writing and respect deadlines. Record phone calls, take photos and collect evidence. For serious issues a court-based resolution may be necessary; district courts handle tenancy disputes and forms and procedures are available via judicial services[2].
FAQ
- Can I sublet without the landlord's consent?
- Often the landlord's consent is required; check the lease and inform yourself about exceptions.
- Who is liable for damages in a shared flat?
- Liability depends on the lease and who caused the damage; clarify responsibilities in writing.
- How long are notice periods in co-tenancy?
- Notice periods are specified in the lease and follow the Mietrechtsgesetz; check individually.
How-To
- Check the lease for clauses on subletting and co-tenancy.
- Document defects with photos, dates and brief notes.
- Inform the landlord in writing and request a deadline for remedy.
- Observe set deadlines and respond timely to formal letters.
- If necessary, contact the district court or use judicial services for formal steps.
Help and Support
- [1] RIS: Legal texts and information
- [2] Justice: Information on procedures and courts
- [3] JustizOnline: Forms and e-Services
