Subletting & Shared Flats: Tenant Rights in Austria
Many tenants in Austria face questions about subletting, shared flats (WG) or co-renting. This practical guide explains step by step which rights and duties tenants have, how to obtain permission, how to draft a sublease correctly and which rules apply to deposit deductions, repairs and notice periods. I explain how to document problems, when registration with the landlord is necessary and how to proceed in disputes. The goal is to provide clear action steps so tenants can secure their housing situation, meet deadlines and avoid costly mistakes. Plain language should help when dealing with landlord notices, forms and possible court actions. Read on for concrete templates, procedures and notes on administrative steps.
What are subletting and shared flats?
Subletting means that a tenant rents parts of their apartment to another person. In a shared flat (WG), several people share the apartment and each have individual agreements. In co-renting, someone lives permanently and pays a share of the total rent. Specific rights depend on the main lease and tenancy law.
Rights and duties
As a tenant you have the duty to keep the apartment habitable and to pay rent. A subtenant also has obligations toward the main tenant. Some rules are set by the Tenancy Act, others arise from the main lease.[1]
- Obtain permission: Check whether the lease contains a landlord consent requirement.
- Written agreement: Record duration, rent share, utilities and deposit handling in writing.
- Registration: Clarify whether the subtenant must register with the authorities.
Contract, deposit and registration
A clear sublease protects both parties. Clarify who is liable for damages and how the deposit is managed. Photos and a handover protocol help at move-in and move-out. Some administrative procedures or forms can be handled via JustizOnline.[2]
- Deposit arrangement: Agree on amount, purpose and refund procedure in writing.
- Handover protocol: Document condition and meter readings at entry and exit.
Repairs and defects
For defects the landlord is generally obliged to maintain the apartment. Report defects in writing and keep proof. Minor repairs may be contractually regulated; pay attention to deadlines for defect notices.
Termination, deadlines and documentation
Notice periods depend on the lease and tenancy law; district courts handle disputes.[3] Respond to notices promptly and collect all relevant documents: correspondence, payment receipts, photos and witness statements.
- Check deadlines: Record deadlines immediately in writing and note delivery confirmations.
- Secure evidence: Photos, emails and receipts strengthen your position.
Practical tips before a subtenant moves in
Before accepting someone, have a short discussion to clarify house rules, use of shared rooms and payment dates. Obtain references and check payment reliability.
FAQ
- May I sublet my apartment?
- It depends on the lease and the landlord; consent is often required.
- Do I need the landlord's permission for a WG or sublet?
- In many cases yes, especially if the subtenant moves in permanently; check the lease and the Tenancy Act.[1]
- What if the landlord refuses consent?
- Document the reasons, seek discussion and consider legal steps; courts decide if no agreement is possible.[3]
How-To
- Gather information: Read the lease and note clauses on subletting.
- Contact the landlord: Request consent in writing and provide the sublease draft.
- Create a sublease: Agree on rent share, utilities, duration and deposit rules.
- Documentation: Keep handover records, payment receipts and communication proofs.
- If disputed: Seek free legal advice and, if necessary, approach the district court.
Help and Support
- RIS - Legal Information System of the Republic
- Justiz.gv.at - Court information
- JustizOnline - e-Government services
