Tenant Rights: Reclaim Overcharged Subrent in Austria
As a tenant in Austria you can reclaim overcharged subrent if the amount is not lawful. This text clearly explains which documents are important, how to document sums, which deadlines to observe and which steps are possible in court or in negotiations with the subtenant. We list typical pieces of evidence such as the sublease agreement, payment receipts, photos and messages, explain the role of the Tenancy Law and show how to systematically assemble a claim. The goal is that you can review your claims more confidently, assert them correctly and, if necessary, present them at the district court.
Which documents do you need?
Collect all written agreements and payment proofs. Relevant legal bases such as the Tenancy Law (MRG) should be known [1]. Important documents help to prove the actual rental agreement and amounts paid.
- Sublease agreement or written arrangements.
- Payment proofs: transfers, receipts, bank statements.
- Messages and emails about rent level and agreements.
- Listing of amounts paid with periods.
- Photos or receipts for services that should be included in the price (e.g. furniture, utility breakdowns).
How to calculate claims and observe deadlines
To calculate, note the period, agreed sum and actual amounts paid. Check whether the subrent exceeds reasonable comparables. Observe limitation periods and general civil law rules, for example regular limitation periods for claims [2].
- Calculate amount: total payments minus lawful rent.
- Organize proofs: mark date, amount, and recipient clearly.
- Send a simple payment demand to the subtenant and set a deadline.
- If no agreement: consider suing at the competent district court.
FAQ
- Can I reclaim overpaid subrent?
- Yes. If the subrent is excessive or no valid agreement exists, you can examine a repayment claim and document it.
- Which deadlines apply for a repayment?
- Repayment claims are subject to civil limitation periods; timely action within several years is often required.
- What role does the Tenancy Law play?
- The Tenancy Law (MRG) regulates many tenancy issues and can be relevant for the permissibility of rents [1].
How-To
- Collect proofs: compile agreements, transfers, receipts and messages.
- Determine amount: list all sums paid versus lawful rent.
- Write a demand: set a deadline and request repayment.
- Seek discussion: try to reach an amicable settlement with the subtenant.
- Legal steps: consider filing at the district court if no settlement is reached [3].
Help and Support / Resources
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justiz.gv.at - Information about Courts
- [3] JustizOnline - Electronic Forms and Filings
