Tenant Template: Subletting in Austria
Many tenants face the question of whether and how they may sublet an apartment. In Austria, the lease, tenant rights and the Tenancy Act determine when landlord consent is required and what limits apply. A clearly worded template letter can help request consent in writing, clarify deadlines and protect the rights of both main tenants and subtenants. This article explains in plain language which details the letter should include, which documents are useful, how landlords may respond and what steps follow if consent is refused or unjustly restricted. The aim is to give tenants concrete steps and reduce uncertainty about subletting.
What does subletting regulate?
Subletting means a tenant rents out all or part of their apartment to another person. In Austria the lease and the Tenancy Act often determine whether and under what conditions landlord consent is required[1]. Reasons for consent obligations include changes in use, the number of additional persons or permanent transfer.
- Landlord consent is required if the lease provides for it or if the subletting significantly changes the use.
- The duration and period of the sublease may trigger deadlines and approval requirements.
- Changes in rent or additional payments must be stated transparently.
- Liability issues and protection of the main tenant remain in effect during subletting.
Always ask for consent in writing.
How to write the template letter?
What to include
- ID and lease details of the main tenant and proposed subtenant.
- Desired start date and expected duration of the sublease.
- Agreed subrent, utilities and any deposit.
- Request for written consent with a clear deadline for response.
Attach references or proof of income.
Sample wording
Dear Mr./Ms. [Landlord], I hereby request written consent to sublet the apartment [address] to [subtenant name] for the period from [date] to [date]. The proposed subrent is [amount]. Please inform me of your decision by [date]. Sincerely, [Your name]
Frequently Asked Questions
- Does the landlord have to approve every subletting?
- Not always; if the lease or law requires consent, the landlord may only refuse for factual reasons. Details are governed by tenancy law and the specific lease clause[1].
- Can I rent short-term to tourists?
- Short-term rentals to tourists are often restricted or prohibited, for example by house rules, lease clauses or local regulations. Check your lease and inform the landlord first.
- What if the landlord unreasonably refuses?
- Document the refusal in writing, request a reason within a deadline and gather evidence. If the conflict continues, court clarification at the district court may be necessary; legal steps follow civil procedure rules and forms are available via JustizOnline[2][3].
How-To
- Prepare the template letter with all relevant details and a clear deadline.
- Attach documents such as ID, references or proof of income.
- Send the letter by email and additionally by registered mail and keep delivery proof.
- If the refusal appears unjustified, document everything and consider court clarification at the district court.
Help and Support / Resources
- Tenancy Act (MRG) on RIS
- Information on courts and procedures (Justiz)
- Forms and e-Services (JustizOnline)
