Tenant Template: Calculate Sublet Rent Austria
As a tenant in Austria, you may need to calculate a fair sublet rent — for example if you sublet a room or part of an apartment. This article explains step by step how to calculate a fair and legally sound sublet rent, which costs should be included proportionally and which proofs are useful. You will find formula examples, guidance on documenting receipts and tips for discussing with the landlord and handling potential disputes at the district court. The goal is for tenants to know their rights and present a transparent, verifiable calculation that holds up both in daily situations and in disputes.
How to calculate the sublet rent
The basis includes the Mietrechtsgesetz (MRG) and principles of contract interpretation [1], which should be consulted in individual cases. For the calculation, proceed systematically: determine area share, calculate proportional base rent and add proportional operating and heating costs where applicable.
Key cost components
- Base rent (rent): calculate proportionally by living area.
- Operating costs (payment): include proportionally according to agreement or consumption.
- Heating (heating): include proportionally by consumption or area depending on billing.
- Repairs (repair): include only regular, proportional costs, not major investments without agreement.
- Documentation (evidence): keep receipts, bills and photos as proof.
Keep all receipts and photos as evidence.
Calculation example
Example: total rent 800 EUR for 80 m², you sublet 20 m². Base share: 800 × (20/80) = 200 EUR. Proportional operating costs (e.g. 50 EUR) give sublet rent = 250 EUR. Adjust amounts if heating is billed separately or special agreements apply.
Concrete evidence increases the enforceability of a calculation in court.
FAQ
- Who is allowed to request a sublet rent?
- As a tenant you may sublet if the main lease or the law does not exclude it and the landlord may need to consent.
- Which costs can I pass on to the subtenant?
- You can pass on proportional base rent, operating costs and heating costs if the calculation is verifiable and receipts are available.
- What happens if there is a dispute over the sublet rent amount?
- If there is disagreement, the case can go to the district court, which decides on the reasonableness and the evidence [2].
How-To
- Measure area and calculate percentage share of the total area.
- Collect all relevant documents (lease, operating cost statement, heating bill).
- Inform the landlord and request written consent; include your calculation template.
- In case of dispute, organize evidence and observe deadlines; consider filing at the competent district court.
Help and Support / Resources
- RIS – Mietrechtsgesetz (MRG)
- Ministry of Justice – court information
- JusticeOnline – forms and e-services
