Tenant Objections to Subletting in Austria
As a tenant in Austria you may wonder which rights apply to subletting and how to properly file an objection or complaint. This guide explains in plain language which deadlines to observe, which evidence helps (e.g. written agreements, photos, payment receipts) and which steps are possible with the subtenant, the main landlord or the court. The aim is to support you practically: from a formal complaint to the landlord through documentation to judicial clarification at the district court. We show how to address issues with rent payments, unlawful subletting or contract breaches in a factual and timely manner. You will receive tips on drafting an objection, on possible legal bases (MRG, ABGB) and on official contact points in Austria.
When is an objection possible?
An objection or complaint is appropriate when the subletting breaches contractual or legal rules or affects your living quality. Typical cases include missing landlord consent, unpaid rent by the subtenant, or damage to the apartment.
- No written consent from the main landlord for subletting.
- Outstanding rent payments or unclear payment arrangements.
- Damage, lack of repairs or significant impairment of living quality.
What evidence helps?
Good documentation increases the chances of success: note dates, collect photos, copy messages and keep payment receipts. Legal bases such as the MRG may be relevant[1], and disputes are often decided by the district court[2].
- Written agreements, emails or SMS related to the subletting.
- Photos, timestamps, video recordings or witness statements as evidence.
- Payment receipts, bank transfers or receipts to show rent payments.
How does a complaint proceed?
Start with a formal demand to the subtenant and, if applicable, to the main landlord, in writing and with a deadline. If the other side does not respond, gather all evidence and consider mediation or judicial clarification.
Frequently Asked Questions
- Can I object to unlawful subletting?
- Yes. If the subletting occurs without consent or the subtenant damages the apartment, you can formally file an objection and document the damage.
- Should I inform the main landlord first?
- It is usually advisable to inform the main landlord in writing, especially if their consent is missing or contract breaches occur.
- How quickly must I act?
- Act as soon as a problem becomes visible and set clear deadlines in your complaint; prolonged inaction can weaken your claims.
How-To
- Document incidents, collect photos and payment receipts.
- Draft a written complaint with a deadline and attach evidence.
- Contact the main landlord, the subtenant and seek legal advice if necessary.
- If needed, file a claim at the district court.
Key Takeaways
- Written evidence is often decisive.
- Observe deadlines and respond promptly.
- Contact landlords early and keep communications factual.
