Tenant Appeal: New-Build Rent Austria
If you are a tenant in Austria and disagree with a newly set rent for a new-build, you have options for appeal and complaint. This text explains in plain language when an appeal makes sense, which deadlines apply, which evidence you should collect, and how the procedure at the district court can proceed. You will receive practical steps for documentation, guidance on template letters, and the most important official contact points. The aim is to give you, as a tenant, an understandable guide so you can review your rights and act proactively without assuming legal expertise. If unsure, seek help in time to avoid missing deadlines. Read on for concrete template wording and court steps.
When can you appeal?
An appeal or complaint is worthwhile if the new rent is clearly above the reasonable level for comparable new-builds or if there were formal errors in the notification. Check the lease and the Mietrechtsgesetz (MRG) for applicability and exceptions.[1]
Which documents should you collect?
- Lease agreement (document)
- Payment receipts and bank statements (rent payments)
- Photos of the apartment and defects (evidence)
- Correspondence with the landlord (notice)
Deadlines and formalities
Pay attention to short deadlines: a written appeal should be submitted as soon as possible and all evidence attached. If you file a lawsuit, the procedure usually takes place at the competent district court; formal requirements and service deadlines apply that you should not miss.[2]
How does an appeal or complaint proceed in practice?
- Send a written appeal to the landlord (notice)
- Collect and organize evidence chronologically (evidence)
- If necessary, file a lawsuit at the district court (court)
- Observe deadlines and attend hearings (deadline)
How-To
- Check the lease and note the contested items (notice document).
- Collect payment receipts, photos and correspondence as evidence (evidence).
- Draft a clear written appeal to the landlord and send it by registered mail.
- If no agreement is reached, file the lawsuit at the district court and prepare the documents for the hearing (court).
- Seek legal advice or tenant representation if necessary to avoid missed deadlines and formal errors (help).
Frequently Asked Questions
- Can I appeal a new-build rent?
- Yes. If the rent appears unreasonable, tenants can appeal and have the reasonableness examined. Check the MRG and relevant lease clauses.[1]
- Which deadlines matter?
- Submit appeals and evidence as soon as possible; court deadlines at the district court must be observed.
- Which forms or platforms are used?
- Official filings and forms are often handled via JustizOnline; consult the official sites and submit complete documentation.[3]
Help and Support
- RIS - Legal information system (MRG)
- Justiz.gv.at - Courts and procedures
- JustizOnline - Electronic filings
