Tenant Rights: New Builds & Fair Rent in Austria

As a tenant in Austria, you can quickly face uncertainty with new builds and questions about fair rent. Newly constructed apartments often include different agreements on category rent and reference values, and landlords must comply with formal requirements when increasing rent or agreeing on staged rents. This guide clearly explains which rights and deadlines you have as a tenant, how to collect evidence, when you should demand a written statement and which steps make sense before legal proceedings. Read the practical action steps so you can defend your apartment, review unjustified increases and observe deadlines correctly.

Rights for New Builds and Fair Rent

New builds often involve special agreements: category rents or staged rents are possible, but rent increases are subject to legal limits and formal requirements under the Mietrechtsgesetz.^[1] Landlords must clearly justify increases in writing; as a tenant you have the right to request this proof and to file objections within statutory deadlines.

• Check whether the agreed rent is a category rent or calculated by reference value.
• Request written justifications for any rent increase and ask for all formal documents.
• Document the apartment's condition at handover with photos and protocols.
• Observe deadlines for objections and responses, otherwise rights may be lost.

How Rents Are Calculated

The calculation can be based on several foundations: reference rent, category rent or freely agreed rent when the MRG does not apply. Check your contract for the exact basis and compare with the applicable reference value or similar apartments in your area.^[1]

What You Can Do

If you receive an unclear or high demand, these steps are usually useful:

• Read the lease carefully and mark clauses on rent increases.
• Collect written evidence: photos at handover, payment receipts and all correspondence.
• Respond within the stated deadlines and send formal objections by registered mail.
• Contact tenant protection organizations or the district court for information on further steps.^[2]
• If necessary, prepare a lawsuit or mediation and submit documents to the court or mediation body.^[2]

FAQ

What is a category rent?

A category rent sets the rent according to equipment or location categories; it can be agreed for new builds and must be clearly regulated in the contract.

When does the reference value apply?

The reference value serves as an orientation for customary rents in certain areas; its application depends on the lease and the scope of the MRG.^[1]

What formal requirements exist for rent increases?

Landlords must justify rent increases in writing and provide documents; lack of form can make the increase contestable.^[1]

How-To

1. Check the lease for information on category rent, staged rent and formal requirements.
2. Gather evidence: photos at handover, payment receipts and all correspondence.
3. Set deadlines: send objections and requests within statutory timeframes.
4. Seek advice from tenant protection organizations or legal counsel if uncertain.
5. File a lawsuit or mediation request with the district court if necessary.^[2]

Key Takeaways

• Careful documentation protects your rights as a tenant.
• Formal requirements can make rent increases challengeable.
• Respond to deadlines promptly to preserve claims.

Help and Support

• [1] RIS - MRG legislation
• [2] Justiz.gv.at - Courts and procedures
• [3] JustizOnline - Forms and submissions

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at - Procedures and courts
3. [3] JustizOnline - Forms and filings