Tenant Rights: Comparative Rent in Austria
As a tenant in Austria, you have important protections when it comes to the local comparative rent. This article explains clearly how comparative rents are calculated, when a rent increase is lawful and which deadlines and formalities you must observe. You will also learn how to request necessary repairs, collect evidence and defend yourself against unlawful eviction. The guidance refers to the Mietrechtsgesetz (MRG) and typical procedures at district courts, so you can learn practical steps and deadlines. The goal is to give you clear options to secure your home and resolve disputes early. We also explain how to use official forms, which evidence is useful in court and where to find free advice.
What does "local comparative rent" mean?
The local comparative rent is a market-based benchmark derived from housing offers in the same area with similar amenities and construction year. It serves to assess whether a requested rent increase is reasonable. Details on legal texts and definitions can be found in the relevant provisions of the MRG.[1]
Tenant rights for rent increases
Tenants have the right to review the calculation of a rent increase and to request a written justification. Unclear or non-transparent increases can be contested. Pay attention to the deadlines stated in the notice and document the provided comparable properties.
- Check deadlines and ensure they are met.
- Request a written justification and details of comparables.
- Collect evidence: listings, condition, photos.
- If necessary, file an objection or seek judicial clarification.
Repairs and maintenance
As a tenant, you can demand necessary repairs when the apartment has defects such as lack of heating or water damage. Always report defects in writing, set a reasonable deadline for remediation and document the damage carefully with photos and witnesses. Keep all correspondence and receipts to provide evidence if needed.
Frequently Asked Questions
- How do I check whether a comparative rent is justified?
- Compare location, construction year, size and fittings of the stated properties; request the written calculation and collect listings or photos as evidence. If in doubt, judicial review can be advisable.[2]
- What deadlines apply for objecting to a rent increase?
- Deadlines depend on the form of the notification and legal requirements; respond as quickly as possible and observe all deadlines to protect your legal position.
- What should I do about mold or no heating?
- Report the defect in writing, set a reasonable deadline for repair and document the damage. If the defect persists, a rent reduction may be possible.
How-To
- Check the notice carefully and note deadlines and reasons.
- Request a written, transparent calculation and compare the cited properties.
- Gather evidence: listings, photos, witnesses and payment records.
- File an objection or lawsuit; if needed, use JustizOnline forms to submit documents.[3]
Help and Support
- Legal texts and MRG information on RIS
- Information about district courts and court procedures
- JustizOnline: forms and electronic submissions
