Tenant Documents & Fair Rent in Austria

Rent & increases (reference rent, categories, form) 3 min read · published September 10, 2025
As a tenant in Austria you often face questions about documents, new-build apartments and a fair rent. This text clearly explains which documents landlords and tenants typically require for a new build, how a fair rent is determined under tenancy law and reference values, and which records you should collect yourself. You will also learn which formalities apply to rent increases, category rents and formal requirements, how to meet deadlines and where to find help. The aim is to inform you in a practical way so you know your rights as a tenant, provide complete documents and take the right steps if unclear. Practical checklists, guidance on legally secure evidence and concrete steps in disputes with the landlord help you act more confidently.

Which documents do tenants need for a new build?

When moving into a new-build apartment and reviewing a lease, tenants should keep a clear folder of relevant documents so requests can be answered quickly and legally securely.

  • Valid photo ID (identity card or passport).
  • Lease agreement, reservation confirmation or registration certificate.
  • Proof of income (pay slips or self-employment statements).
  • Proof regarding deposit and previous rent payments, if available.
  • Photos of the apartment condition at handover and receipts for any repairs performed.
Keep both digital and paper copies of all documents securely.

Fair rent: what tenants should know

The fair rent in Austria is determined by several factors such as construction quality, location, living area and legal provisions. Reference rents and category rents can play a role; check the calculation carefully and compare with similar apartments.

  • Construction quality and amenities (e.g. energy efficiency, fixtures).
  • Location and infrastructure (transport, services, surroundings).
  • Living area and utility value (actual square meters and room layout).
  • Operating costs and additional charges as well as planned indexations.
Reference and category rents are considered under tenancy law.

Formal requirements, category rent and deadlines

For rent increases, contract changes or special agreements, formal requirements often apply. Written agreements and timely delivery are important to protect rights. For legally relevant declarations, check the form requirements in tenancy law and the deadlines for objection or responses[1].

  • Formal requirements: certain declarations should be made in writing.
  • Deadlines: watch for objection and response periods.
  • Evidence preservation: collect all relevant documents and photos.
Respond to formal notifications in time to avoid losing your rights.

What to do in a dispute about rent or documents?

First check your documents and the lease, gather evidence and communicate in writing with the landlord. If no agreement is possible, mediation, tenant protection organizations or court actions may follow; for court filings there are electronic forms and guidance on JustizOnline[2].

FAQ

Which documents must I present as a tenant for a new-build?
Valid ID, lease or reservation, proof of income, proof of previous tenancies and references if applicable.
How can I check a rent amount?
Compare similar apartments, check construction quality and operating costs, and consult reference rent information.
What happens if the landlord does not follow formal requirements?
Errors in form may render declarations contestable; seek legal advice.

How-To

  1. Collect all relevant documents: lease, proof of income, operating cost statements and photos.
  2. Send a formal objection or request for explanation to the landlord and document the sending.
  3. Seek support from tenant protection organizations or advisory services.
  4. If necessary: file a conciliation request or lawsuit with the competent district court.

Key Takeaways

  • Well-organized documents strengthen your position in disputes.
  • Observe formal requirements and legal deadlines under tenancy law.
  • Seek advice early if you are uncertain.

Help and Support


  1. [1] RIS: Mietrechtsgesetz (MRG)
  2. [2] JustizOnline: Electronic forms and information
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Austria

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.