Tenant Rights Austria: New Builds & Fair Rent
Many tenants in Austria face questions about new-build apartments and how a fair rent is calculated. Who pays for upgrades, fittings or modernisations? How do guideline rent and category rent differ, and what formal requirements apply to rent increases? This article explains in plain language which costs landlords typically cover, when tenants may be asked to share costs, and which statutory protections the Mietrechtsgesetz (MRG) provides. You will receive practical steps to review rental agreements, tips on documenting the condition and defects of the dwelling, and guidance for disputes before the district court. The aim is to help you, as a tenant in Austria, recognise and enforce your rights more confidently.
Who pays for new builds and modernisation?
In new builds and modernisation, landlords generally bear the costs for structural maintenance. Costs for value-increasing modernisations may be passed on to the rent if contractually or legally provided.[1]
Keep all invoices and agreements well organised.
Typical cost allocation
- Structural work such as load-bearing elements, sanitation and heating is usually the landlord's responsibility.
- Modernisations that significantly improve living value can sometimes be reflected in the rent.
- Ongoing repairs due to defects are generally the landlord's duty.
- Optional fittings requested by the tenant are usually paid by the tenant.
In many cases the lease together with statutory rules determines who bears which costs.
Fair rent: guideline rent, category rent, formal requirements
A fair rent in Austria depends on guideline rent, category rent and legal formal requirements; rent increases often must be in writing and are governed by the Mietrechtsgesetz.[1]
Ensure any rent increase is presented in writing with justification.
What tenants can do
- Check the lease and request written evidence for proposed costs or rent increases.
- Document the dwelling condition and defects with photos and logs.
- Object in writing and within statutory deadlines to preserve your rights.
- In disputes you can file a claim or application at the district court.[2]
Early, written documentation strengthens your position in a dispute.
FAQ
- Does the landlord have to pay all costs for a new build?
- Not always; the landlord is usually responsible for structural maintenance, while cost-sharing for value-adding modernisations may be possible.
- When is a rent increase permissible?
- A rent increase is permissible if it complies with contractual or statutory rules and the required formalities are observed.
- How quickly can I go to court?
- If the legal situation is unclear, tenants can promptly file an application at the district court; deadlines vary depending on the procedure.[2]
How-To
- First, review the lease in writing for clauses on new builds and rent.
- Create comprehensive documentation with photos, invoices and logs.
- Send a timely written objection to the landlord.
- If necessary, file a claim or proceedings at the district court and use JustizOnline forms.
Help and Support / Resources
- RIS: Laws and legal information
- Justice: Information about courts
- JustizOnline: Forms and e-government
