Tenant Deadlines for Subletting in Austria
As a tenant in Austria you often must respect deadlines and formalities when subletting. This guide explains step by step how to calculate reasonable subletting deadlines, when a deadline begins and which documents you should have ready. I describe simple rules for calculating days and dates, which communications require written form and how to organize documentation best. The guidance applies to fixed-term and open-ended tenancies as well as main and subletting agreements. The aim is to reduce uncertainty, avoid later disputes and set out your tenant rights in Austria clearly. I also explain deadlines for terminations, when and how to request consent for subletting and what deadlines landlords have to respond. Practical examples and notes on court steps complete the overview.
Which deadlines apply?
It is essential whether the sublet is "reasonable" and whether your tenancy agreement or the Mietrechtsgesetz sets specific deadlines. Statutory rules are found in the Mietrechtsgesetz (MRG) and general provisions; in disputes the district court often decides.[1]
Start of deadline and calculation rules
A deadline usually begins with service of a declaration or when a party becomes aware of the event. Some deadlines are counted in calendar days, others in working days; the exact calculation can depend on contract wording. Court proceedings also follow the deadlines of the Civil Procedure Code and district court rules.[2]
- Start of deadline (deadline): Counts from service or receipt, not from the send date.
- Counting days (days): Often calendar days are used; check contract clauses for specifics.
- Obtain consent (form): Request the landlord's consent in writing if the contract requires it.
- Collect evidence (evidence): Keep emails, receipts and photos as proof.
Practical example: 14-day deadline
If a deadline is 14 days and starts upon service, day 1 is usually the day after service, unless the contract states otherwise. Pay attention to form requirements: some notices must be sent by registered mail or delivered against receipt.
FAQ
- What does "reasonable" subletting mean?
- Reasonable means the sublet is market-conform and does not unreasonably disadvantage the landlord; individual case assessment may apply.
- How do I calculate the start of a deadline?
- The start is usually the day after service of a declaration; contractual provisions may differ so check your agreement carefully.
- What happens if I miss a deadline?
- Missing deadlines can lead to loss of rights, e.g. forfeiture of objections; act quickly and check possible reinstatement options.
How-To
- Check the tenancy agreement first for any set deadlines and form requirements.
- Determine the deadline start: record the date of service or receipt.
- Obtain necessary consents in writing and document the transmission.
- Keep a log with date, time and evidence for every relevant action.
- If in doubt contact the district court or seek legal advice; act before the deadline expires.
Help and Support / Resources
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justice - Courts and Procedures
- [3] JustizOnline - Online Forms
