Tenant Rights in Austria: New Builds & Rent
As a tenant in Austria it is important to know the rules that apply to new builds and reasonable rent. This guide helps you understand your tenant rights, check whether a rent increase or a new rent is lawful, and what steps are possible in case of repairs, defects or termination. It explains in clear language what obligations landlords have, which deadlines must be observed and which documents you should collect so you can support your case. You will also find practical advice on communicating with the landlord, using official forms and court procedures if an amicable solution is not possible.
What does a reasonable rent mean?
A reasonable rent in Austria is often based on contractual agreements and legal rules; the Mietrechtsgesetz (MRG)[1] often serves as a basis, and operating and heating costs should be considered separately. It is important that tenants can understand the composition of the rent and that increases are formally justified and properly served.
How is rent calculated for new builds?
For new-build apartments, the initial rent, agreed index clauses or market-based agreements can play a role. Operating and consumption costs are often shown separately.
- Check operating costs and rent separately.
- Understand contract clauses such as indexation or graduated rents.
- Collect evidence: invoices, handover reports and correspondence.
What to do about unlawful rent increases or defects?
If you notice a rent increase or defects, document everything in writing and give the landlord a deadline to remedy the issue. Only then are further steps possible.
- Report defects in writing and set a reasonable deadline for remedy.
- Collect photos, correspondence and receipts as evidence.
- If the landlord remains inactive, consider filing a claim with the district court or seeking expedited legal assistance.
Key Takeaways
- Collect all documents and evidence immediately when changes occur.
- Always communicate changes in writing and request explanations.
- Seek early support from tenant protection offices or official bodies.
FAQ
- What applies to rent agreements in new builds?
- In new buildings, contractual agreements are decisive; however, increases must still be transparent and legally correct. Check your contract and supporting documents carefully.
- Can the landlord demand the full market price immediately?
- No, the immediate market price is not automatically enforceable; existing contractual agreements and the MRG may limit the amount.
- What deadlines apply when reporting defects?
- Defects should be reported promptly and in writing; a reasonable period should be set for remedy, after which further steps are possible.
How-To
- Check the lease and collect all relevant documents, photos and evidence.
- Request in writing that defects be remedied or that the rent increase be explained.
- If no agreement is reached, prepare a submission to the district court or use JustizOnline[2].
- Seek support from a tenant protection office or obtain legal advice.
Help and Support / Resources
- RIS – Legal Information System of the Republic of Austria
- Justiz.gv.at – Information on courts and procedures
- JustizOnline – Forms and electronic filing
