Tenant Rights: Alternative Housing & Use Fee in Austria
Many tenants in Austria face questions when apartments become unusable due to renovation or upgrades to standards. This text explains in plain language when alternative housing is necessary, what a use fee (Benützungsentgelt) means and what compensation may be possible. You will learn how to make formal claims, which deadlines to observe and which documents are helpful. I provide practical guidance on documentation, rent reduction, alternative housing requirements and dealing with use fees. I also explain when legal steps at the district court may be appropriate and which legal bases such as the MRG apply.[1] At the end you will find an FAQ and a step-by-step guide on how to apply for compensation or cost coverage. Use the resources at the end to find forms and contacts.
What is alternative housing and use fee?
Alternative housing is temporary accommodation needed when your apartment is uninhabitable due to renovation or significant defects. A use fee refers to a charge that the landlord or, in some cases, the tenant may demand for using an alternative apartment; who ultimately pays depends on the cause and agreements.
Quick steps for tenants
- Collect photos, invoices and condition reports as evidence.
- Notify the landlord in writing with an informal request (form) and demand alternative housing or cost reimbursement.
- Observe deadlines (deadline) and schedule inspections.
- Check rent reduction (rent reduction) and possible compensation.
- Arrange alternative housing if needed and clarify payment and return (move-out).
If no agreement is possible, you may consider filing a lawsuit or urgent measures in the district court. Forms and court procedures are formally regulated and deadlines are important.[2]
FAQ
- When am I entitled to alternative housing?
- You may be entitled if the apartment is uninhabitable, for example due to major defects or because an official renovation order prevents use. Duration and severity of impairment are decisive.
- Does the tenant have to pay the use fee?
- Not necessarily. Who pays depends on the cause, contractual agreements and whether the landlord is responsible for the unavailability. Often an individual assessment is required.
- How do I claim compensation or reimbursement?
- Collect evidence, send a written demand to the landlord, document deadlines and consider legal enforcement if necessary.
How-To
- Collect evidence (photos, invoices, condition reports).
- Notify the landlord in writing and demand alternative housing (form).
- Set deadlines and arrange inspection appointments (deadline).
- If necessary, file a lawsuit at the district court (court).
- If successful: enforce costs and compensation (payment).
