Tenant Rights for Rent Increases in Austria
Legal limits on rent increases
As a tenant in Austria you have protection against unreasonable rent increases. Under the Tenancy Act (MRG) landlords must follow specific conditions and formal requirements. An increase cannot be arbitrary, and factual reasons and notice periods often apply before a new rent takes effect[1].
Maintenance obligations and repairs
The landlord is obliged to keep the apartment in usable condition. Under MRG §3 basic repairs fall within the landlord's responsibility. Document defects and request repair in writing within a reasonable deadline.
- Set deadlines (deadlines) in writing and note the dates.
- Document repairs (repair) with photos and record the defects.
- Reduce or withhold rent (rent) only with a legal basis.
- Collect evidence: invoices, emails, photos (evidence).
What to do about unjustified increases
Check the landlord's justification against statutory standards. If issues remain, mediation, conciliation bodies or a court action at the district court can help. For court steps and certain forms use JustizOnline or consult the competent court authority[2].
- File timely written objections (notice).
- When involving the court (court), follow procedural rules.
FAQ
- When may the landlord increase the rent?
- An increase is only possible with a legal basis, contractual agreement or justified modernization costs; form and deadlines must be observed.
- What is the maintenance obligation under MRG §3?
- MRG §3 requires the landlord to maintain the apartment and take care of basic repairs.
- Can I reduce the rent if repairs are not made?
- Yes, under certain conditions a rent reduction is possible if the apartment is significantly impaired and the landlord does not act.
How-To
- Report defects and set a deadline for repair in writing (notice).
- Gather evidence: photos, logs and invoices (evidence).
- Seek advice: contact tenant associations or legal counsel (contact).
- If necessary: file a claim at the district court (court).
Help and Support
- RIS - Legal Information System of the Federal Government
- Justice - Information on Courts
- JustizOnline - Forms and Online Services