Subletting: Tenant Consent & Rights in Austria
As a tenant in Austria, subletting can be a practical solution if you need temporary space or want to share costs. It is important to know when landlord consent is required, what contractual and legal limits apply, and what duties both the main tenant and subtenant have. This text explains in plain language how to properly formulate a request, which deadlines and proofs are sensible, and what steps are possible in case of a dispute about subletting. The goal is to give you concrete, easy-to-implement guidance so you can respect and protect your rights as a tenant.
When is consent necessary?
Whether the landlord must agree depends on the rental contract and the type of dwelling. In freely agreed rent areas, the contract can regulate subletting; special rules apply in MRG-protected apartments. Mention your plans, duration and the people involved in conversation; written consent is always safer. For commercial or long-term subletting, explicit permission is often required. If the lease prohibits subletting, a subsequent permission may need negotiation; otherwise legal steps or contract termination may follow.
Contracts, duties and liability
As main tenant you retain contractual responsibility toward the landlord. This means rent payment, liability for damages and returning the apartment remain in your name. A written sublease with clear rules on duration, payment, security deposit and use can prevent misunderstandings. Check the main lease provisions on subletting and document the handover condition with photos.
- Written sublease with duration and rent specified.
- Clarify deposit or payment terms, including payment deadlines.
- Handover protocol with photos as evidence of condition and damages.
- Clarify liability and insurance, especially for longer sublets.
Conflicts and legal steps
If the landlord refuses subletting or a dispute arises, try to reach an amicable agreement first. Document requests, answers and payment receipts. If no agreement is possible, legal steps may be necessary; jurisdiction is usually the district court. Observe deadlines for written responses and possible contract terminations. Statutory bases such as the Mietrechtsgesetz (MRG) are relevant in these matters[1].
Securing evidence
Collect all messages, payment proofs and photos. For serious allegations, lawyers often recommend a structured file as preparation for court or mediation.
- Save emails and correspondence in chronological order.
- Keep payment receipts and proofs.
Request to the landlord: key points
Write briefly: name, proposed subtenant(s), period, reason for subletting, proposed rent and contact details. Attach a short profile of the subtenant (age, occupation, references) and offer a viewing. Transparency increases the chance of consent.
FAQ
- What happens if I sublet without permission?
- Without consent, the landlord can take legal action up to terminating the tenancy. Try to obtain retrospective consent or reach an amicable settlement first.
- Can the landlord ban subletting entirely?
- Yes, if the lease forbids subletting, the landlord can prohibit it; however, there are restrictions and exceptions in certain protected tenancies.
- What documents should I provide to the landlord?
- Short profile of the subtenant, proposed rent, duration of the sublet and a written sublease; references or proof of income if required.
How-To
- Check the main lease for clauses on subletting.
- Document the desired period, rent and subtenant details.
- Send a written request to the landlord asking for written consent.
- Conclude a clear sublease and a handover protocol.
- In case of dispute seek mediation or legal advice; the district court is formally competent.
Help and Support / Resources
- [1] RIS – Bundesrecht konsolidiert
- [2] Justiz.gv.at – Courts and procedures
- [3] JustizOnline – Forms and e-services
