Tenant Template: Reclaim Excess Subrent in Austria
As a tenant in Austria you can, under certain conditions, reclaim excess subrent. This article explains in plain language what tenant rights are, which documents matter and how to draft a clear template letter to start a reclaim. It covers deadlines, possible reactions from the main tenant or subtenant and the next steps if an amicable solution fails. The guidance is practical, avoids legal jargon and helps you document claims systematically, meet deadlines and prepare further legal action if needed. This way you as a tenant in Austria keep control of your issue. At the end you will find an FAQ, a step-by-step guide for sending the letter and references to official Austrian agencies.
What to do if the subrent is too high?
First, check the written subrent agreement and compare it with the main lease and local benchmarks. In some cases the Mietrechtsgesetz (MRG) or general contract law may apply; consult the statutory basis[1] and use official forms if needed[2].
Quick steps
- Check the lease and the sublease agreement.
- Collect receipts and payment evidence.
- Draft the template letter and send by registered mail.
- Note deadlines and document responses.
Template letter: wording
A clear template letter should include the date, your contact details, tenancy details, a precise calculation of the overpayment, a deadline for reimbursement (for example 14 days) and a request for a reply. Write factually, list the evidence and state that you will consider legal steps if there is no response. Example phrases: "I hereby request repayment of X euros for the period ..." and "Please transfer the amount by DD.MM.YYYY to the following account."
How-To
- Step 1: Calculate the amount and specify the period and overpayments precisely.
- Step 2: Gather all proofs (bank transfers, receipts) and attach or keep them ready for proof.
- Step 3: Draft the template letter, set a deadline (e.g. 14 days) and send via registered post or with proof of delivery.
- Step 4: Document any response; if refused, consider mediation or legal action.
FAQ
- How long do I have to reclaim excess subrent?
- Statutes of limitation can vary; document payments and act promptly so claims do not become time-barred.
- Should I contact the subtenant or the main tenant first?
- Practically, contact the person who received the payment first; if unclear, inform both and consider seeking advice.
