Tenant Rights: When Rent Increase Limits Apply in Austria

As a tenant in Austria you may face rent increases or additional claims from a landlord. Not every increase is legally valid: the law often sets limits, for example for modernization, operating cost adjustments or rent agreements under the MRG. This guide explains in plain language when legal limits apply, what maintenance and repair duties landlords have and how you as a tenant can respond. You will get practical steps for checking notices, tips on deadlines and evidence collection and concrete information on legal defence. The aim is to give you confidence so you can assert rights without legal jargon. If necessary we name official authorities and explain how to file an appeal.

When do legal limits apply?

Limits on rent increases often arise from the Mietrechtsgesetz (MRG) and case law^[1]. Rent increases must be formally justified and meet legal requirements, otherwise they can be challenged.

Key reasons that set limits

• Index or operating cost adjustments are subject to statutory rules.
• Modernization levies are often limited and must be announced in time.
• Omitted repairs can justify rent reductions or defence options.

How you can check

Read the written notice carefully, check form and deadlines and request evidence if unclear. Document defects with photos and letters to the landlord and keep payment receipts.

FAQ

When is a rent increase unlawful?

If it violates MRG provisions, is not properly justified or formal requirements are ignored.

Which deadlines must I observe?

Deadlines are set in the notice or law; do not miss them or you may lose rights.^[2]

What can I do about a modernization notice?

Check scope, cost allocation and formal details; if in doubt, request detailed cost evidence.

How-To

1. Check the notice immediately for justification and deadline.
2. Document defects with photos and keep a damage log.
3. Respond within the stated deadline and send registered mail if necessary.
4. Seek advice from official authorities or tenant organizations.
5. If necessary, file a court claim at the district court.

Key Takeaways

• Not every rent increase is legally valid.
• Documentation and meeting deadlines are essential.
• Use official authorities and forms for support.

Help and Support

• Contact: RIS - Mietrechtsgesetz (MRG)
• Contact: Justiz.gv.at - Court information
• Contact: JustizOnline - E-forms and filings

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at - District courts and procedures