Subletting & Shared Flats: Tenant Rights Austria
Many tenants in Austria live in shared flats (shared apartments) or sublet parts of their homes. In such cases questions arise about permission, rent amount, deposit and who is responsible for repairs. This text explains clearly and practically which rights and obligations you have as a tenant, how to apply for subletting securely, which notice periods apply and how to report defects. The language is deliberately simple so that you can prepare decisions without a legal background. Read on for practical steps, common problems and reliable contact points in Austria. The guidance is based on Austrian tenancy law and official sources so you can act with confidence.
What is subletting and a shared flat?
Subletting means that a main tenant rents parts of the apartment to third parties. A shared flat (WG) is usually joint use by several main tenants or subtenants. Subletting is often restricted in the lease and under the MRG [1], so you should check whether landlord consent is required.
Tenant rights and obligations
- Permission: Check the lease and ask for written consent.
- Rent & service charges: Agreements on shared rent and cost allocation should be recorded in writing.
- Repairs: Report defects to the landlord immediately; urgent defects can be remedied and costs reclaimed if necessary.
- Privacy & access: Landlords must announce appointments and may not enter without permission.
- Notice periods: Pay attention to deadlines in the lease and statutory protections.
- Documentation: Keep photos, messages and receipts as evidence.
Frequently Asked Questions (FAQ)
- Do I need the landlord's permission to sublet?
- In many cases yes. The lease or the MRG may require consent. Ask in writing and state duration, subtenant and rent amount.
- Can the landlord prohibit subletting?
- The landlord can refuse for important reasons, for example in case of overcrowding or justified distrust. A blanket refusal is not automatically permitted.
- Who pays for repairs in a shared flat?
- In principle the landlord is responsible for maintenance; small repairs can be contractually regulated. Document defects and report them immediately.
How-To
- Prepare: Collect the lease, proof of main tenancy, personal data of the subtenant and exact details of duration and rent amount.
- Written request: Send the landlord a signed letter with all details and a deadline for response; keep a copy.
- Secure evidence: Keep replies, payment receipts and photos of the living situation in case of a legal dispute.
- If refused: Try negotiations, use mediation or seek legal advice; as a last resort a clarification at the district court may be necessary.
Key takeaways
- Put agreements in writing: Always record permissions and arrangements in writing.
- Documentation helps: Photos and receipts are crucial for defects and disputes.
- Observe deadlines: Act promptly on notices and formal letters.
