Tenant Rights: New Build and Rent in Austria
As a tenant in Austria, you may wonder whether a landlord can charge a higher rent for a new building or after modernization. This practice involves reference rent systems, category rent and contractual form requirements. In this article we explain clearly when higher rents are legally possible, what obligations landlords have and which steps you as a tenant can take — for example how to file objections, gather documents and meet deadlines. If possible, review the lease together with a tenants' association or legal expert before signing. The guidance here is practical and intends to help you make informed decisions.
What does "new build" mean for the rent?
With new builds, landlords can often apply different rent rules than for older apartments. It is crucial whether the tenancy falls under the Mietrechtsgesetz (MRG) or whether a free agreement was made. Pay attention to contractual clauses and the apartment's features, such as higher fittings or energy efficiency, that may justify a higher rent.[1]
When can the landlord demand a higher rent?
- Agreed rent (rent) in the contract for a new build
- Form requirement (form) for the lease is fulfilled
- Notification deadlines (deadline) for an increase were observed
- Modernization or significant upgrades (repair) justify a surcharge
If you believe an increase is unlawful, collect evidence: original lease, handover protocol, comparable apartments and correspondence with the landlord. Before paying, you can have the claim legally reviewed. In many cases, advice from a tenants' organization or a lawyer is sensible.
FAQ
- Can the landlord charge higher rent for a new build?
- Yes, if the higher rent is contractually agreed or specific fittings and modernizations exist that justify a higher rent.
- What form requirements apply to the lease?
- For certain tenancies, the law prescribes formal requirements; lacking the required form can affect the validity of agreements.[1]
- What can I do if the increase seems unjustified?
- Gather evidence, contact a tenants' association and consider a legal review or complaint at the district court.
How-To
- Check the lease (document): Read all clauses on rent formation carefully.
- Verify form requirements (form): Check whether required written form rules were followed.
- Collect documents (document): Prepare lease, handover protocols and correspondence.
- Seek support (call): Contact a tenants' association or legal advice service.
- Consider court action (court): If necessary, you can file timely claims at the district court.
