Subletting, WG & Shared Rent: Tenant Rights in Austria

Many tenants in Austria face questions when it comes to subletting, shared flats (WG) or joint rent. This guide explains in clear language which rights and obligations tenants have, how landlord consent works and which deadlines to observe. You will learn when subletting is permitted, what rules make sense in a WG and how to document and resolve disputes. I describe practical steps, such as how to request consent, which forms or evidence are helpful and how court procedures work. If you are unsure, use the links to official bodies and the checklist at the end so you can assert your tenant rights in Austria with confidence.

What is subletting, WG and shared rent?

Subletting means that a tenant rents out their apartment or parts of it to third parties; shared rent (Mitmiete) exists when several people use a rental contract together. Shared flats (WG) are often informally regulated but may require clear agreements on rent division and house rules. Legal bases are partly found in the Mietrechtsgesetz (MRG) and general contract law^[1].

Key rules & rights

• Written consent of the landlord (form or e-mail).
• Rent, deposit and clear allocation of costs.
• Deadlines for termination, notice and notifications to the landlord.
• Repairs and maintenance: who pays what and how quickly to respond.
• Landlord access and privacy of flatmates.

What to do in conflicts?

Documentation is crucial: keep the lease, e-mails, payment receipts and photos of defects. Trying informal mediation can help; if not possible, court steps at the district court are an option^[2]. Keep deadlines and delivery proofs and seek legal advice if needed.

Practical steps before a sublease

• Check the main lease for clauses on subletting (written consent).
• Prepare a short sublease agreement with names, duration and agreed rent.
• Contact the landlord early and request written consent.
• Arrange liability issues and who pays for damages.

FAQ

Do I always need the landlord's consent for subletting?

In many cases yes; consent is often contractually required or limited by the MRG. Check your contract and ideally obtain written permission.^[1]

Can a co-tenant be held directly responsible to the landlord?

Once someone is named as a co-tenant in the contract, they have their own obligations. In subletting, the main tenant remains responsible to the landlord unless agreed otherwise.

How long does a court process take for disputes about rent or eviction?

It depends on the district and case; simple procedures can take months. Check procedural steps and deadlines with the relevant court and on justice websites.^[2]

How-To

1. Read the lease carefully and note clauses about subletting.
2. Draft a written agreement with the subtenant: names, duration, rent and utilities.
3. Request written landlord consent and save the communication.
4. Clarify responsibilities for repairs and document defects before move-in.
5. If necessary, contact the district court or obtain legal advice.

Key takeaways

• Written consent protects both tenant and landlord.
• Accurate documentation simplifies dispute resolution.
• Clear cost-sharing agreements prevent later conflicts.

Help and Support / Resources

• RIS - Legal information system of the federal government
• Justice - information on courts and procedures
• JustizOnline - electronic forms and submissions

1. [1] RIS - Legal information system of the federal government
2. [2] Justice - information on courts and procedures
3. [3] JustizOnline - electronic forms and submissions