Tenant Claim: Excess Subrent in Austria
As a tenant in Austria you may sometimes wonder whether the subrent is too high and how you can claim back overpaid amounts. This article explains in clear language which rights you have, which deadlines apply and which steps are sensible when filing an objection or formal complaint with the landlord or in court. You will receive practical guidance on documentation, a template for a repayment letter and tips on when a trip to the district court may become necessary. The aim is to give you confidence in enforcing your claims without presupposing complicated technical terms. If possible, first consider an out-of-court solution and contact independent advisory services.
What to do if subrent is too high?
If the subrent is too high, it can lead to financial strain over months or years. First check the agreed amount in your sublease and compare it with market rates and legal rules such as the Tenancy Act (MRG)[1]. Documentation is the basis of any claim: payment receipts and correspondence are decisive.
- Collect evidence (evidence): All rent payments, transfer receipts, receipts and messages between main tenant and subtenant.
- Check payment records (rent): Review bank statements and receipts for actual payment dates and amounts.
- Note deadlines (deadline): Pay attention to limitation periods and deadlines for objection or claim.
- Notify formally (notice): Request repayment in writing and, if possible, send by registered mail.
Sample letter: Short template
Dear [Name], I hereby request repayment of the overpaid subrent in the amount of [amount] for the period [date] to [date]. Please transfer the amount by [deadline date]. If you have questions, I am reachable at [phone/email].
When to go to court?
If the main tenant does not respond or rejects the claim, the next stage may be bringing the matter before the district court. In many cases, prior out-of-court correspondence is sensible to save costs. When filing a claim, the procedure follows civil procedural rules, and the district court decides on the entitlement and the amount[2].
FAQ
- How long do I have to claim back overpaid subrent?
- The limitation period can vary by case; check relevant deadlines and act as soon as possible to secure evidence.
- Do I have to inform the main tenant in writing first?
- Yes. A formal payment objection or repayment letter documents your claim and is often a prerequisite for further steps.
- What happens if the main tenant does not pay?
- You can file a lawsuit at the district court; often a prior reminder procedure or proof of contact attempts is sensible.
How-To
- Gather all receipts and payment records (evidence).
- Write a clear repayment letter and set a deadline (notice).
- Send the letter with proof of delivery, for example by registered mail, and note deadlines (deadline).
- If payment does not follow, file a claim at the district court (court).
Help and Support / Resources
- [1] MRG - Consolidated text (RIS)
- [2] Information on courts and procedures (Justiz)
- [3] Forms and e‑services (JustizOnline)
