Subletting Template: Tenant Rights Austria
As a tenant, you may wonder under which conditions subletting is possible in Austria. This article explains in plain language what rights and obligations tenants and subtenants have, when landlord consent is required and which formalities must be observed. You will learn how to draft a clear agreement with deadlines, rent arrangements and responsibilities for repairs. There are also notes on documentation, liability for damage and compliance with tenancy law under the MRG.[1] The aim is to give you practical sample formulations and reliable steps so that subletting is arranged legally and with minimal conflict. If in doubt, seek legal advice.
What does subletting regulate?
Subletting means a main tenant temporarily allows a third party to use the flat. The most important legal bases are often in the lease agreement and the Tenancy Act (MRG).[1] In disputes, district courts are usually competent.[2]
Template: Key points
A template letter should be clear, factual and complete. State all parties, duration, rent and rules on liability and handover.
- Parties and duration of the subletting
- Rent, utilities and payment deadlines
- Landlord consent and form (written recommended)
- Liability for damage and rules on repairs
- Return, handover protocol and refund of the deposit
Sample text for the template letter
Dear Mr/Ms [Name], I, [Your Name], main tenant of the flat at [Address], intend to sublet the flat from [from-date] to [to-date] to [subtenant name]. The agreed rent is [amount] euros per month, utilities as agreed. I kindly ask for your written consent to the stated subletting by [date]. If you have any questions, you can reach me at [phone] or [email]. Sincerely, [signature]
FAQ
- Do I need the landlord's consent for subletting?
- In most cases yes; check your lease and obtain written consent.
- Can the subtenant be held directly liable by the landlord?
- The main tenant usually remains responsible to the landlord; the subtenant has their own obligations.
- Which deadlines and formal requirements are important?
- Pay attention to contractually agreed deadlines, deposit rules and written documentation.
How-To
- Check the existing lease for subletting clauses
- Draft the template letter with duration, rent and return rules
- Send the letter to the landlord and request written consent
- Document all responses and create a handover protocol
Key Takeaways
- Written consent reduces later disputes.
- Documentation is often decisive in a dispute.
- Observe contractual deadlines and formal requirements.
