Tenant Appeal: Comparable Rent in Austria

As a tenant in Austria, the determination of the comparable rent can be decisive for your monthly costs. If you believe the stated comparable rent is too high or incorrectly calculated, you can file an appeal or complaint. This guide explains in plain language when an appeal makes sense, which documents help, which deadlines apply and how the district court examines the case^[2]. You do not need legal training: we show step by step which documents are useful, how to phrase your claim and which authorities or courts are relevant. At the end you will find a short how-to, FAQ and links to official Austrian sources.

What is the comparable rent?

The comparable rent is the value derived from comparable apartments in the same area. It serves as a benchmark for permissible rents in many tenancy matters and is regulated in the Mietrechtsgesetz (MRG)^[1]. Note: comparison values must actually be comparable (location, size, amenities).

Why file an appeal?

An appeal makes sense if the set comparable rent is significantly too high or is justified with non-comparable apartments. A formal appeal allows you to challenge incorrect calculations and forces the landlord or court to review.

When is an appeal worthwhile?

• If the new rent (rent) is significantly higher than comparable apartments.
• If comparison properties are not comparable and supporting documents (evidence) are missing.
• If there are formal errors, such as incomplete or not properly served documents (form).

How to file an appeal

1. Gather all relevant documents: lease, proof of payments, photos and comparable offers (file/evidence).
2. Draft the appeal in writing, state concrete reasons and attach evidence (file).
3. Send the appeal to the landlord by registered mail or file it with the district court if judicial review is necessary (file/submit).
4. Prepare for any hearing and bring all documents (court).

Which documents help?

• Lease agreement and amendments (evidence).
• Receipts and bank statements showing rent payments (evidence).
• Photos of condition, energy certificate, comparable offers or listings (evidence/photo).

FAQ

Can I appeal a comparable rent?

Yes. As a tenant you can appeal if the comparable rent appears incorrect or disproportionate. Submit supporting documents to the landlord or, if necessary, to the court.

What deadlines apply?

There is no uniform deadline for every objection; however, short deadlines may apply to court service. Check the exact deadline with the competent district court^[2].

Who pays the costs?

Costs vary: court fees and potential attorney fees may apply. In some cases the losing party bears costs; the court decides individually.

How-To

1. Collect documents and sort them chronologically (file).
2. Write a clear appeal with date and signature (file).
3. Send the appeal by registered letter or file it with the district court (file/submit).
4. Prepare for the hearing and bring all original documents (court).

Help and Support

• Legal texts and the law database (RIS)
• Information on courts and jurisdictions (Justiz)
• Electronic forms and services (JustizOnline)

1. [1] Mietrechtsgesetz (MRG) on RIS
2. [2] District courts and judicial information - Justiz