Tenants: Organize Short-Term Rental Legally in Austria
As a tenant in Austria you face specific requirements when you rent out an apartment short-term or act as a subtenant. This article clearly explains the rights and obligations for short-term renting and provides a practical sample letter and concrete steps to organize it legally. You will learn when approval is necessary, how to inform the landlord, which formal deadlines apply and which documents serve as proof. The goal is to strengthen tenant rights and avoid disputes with the landlord without complicated legal language. At the end you will also find references to official sources and how to seek legal help. The suggested wording is based on the Mietrechtsgesetz (MRG)[1] and shows how to collect evidence, meet deadlines and take secure steps in case of a dispute.
What you should consider
The most important first step is to check your rental contract and whether short-term renting is allowed or prohibited there. If unclear, inform the landlord in writing and document the communication.
- Check the rental contract for clauses on subletting.
- Inform the landlord in writing about planned short-term renting.
- Document condition, photos and communication as evidence.
- Observe deadlines and possible approval requirements.
If the landlord refuses, it is important to know which reasons are legally permissible; in some cases the MRG applies, in others the district court decides.
Sample letter
Use this short sample text to inform the landlord:
Dear Sir or Madam, I, [Your Name], residing at [Address], intend to offer the apartment for short-term rental from time to time. I request written consent or notification if approval is required. I am available for questions. Sincerely, [Your Name]
Practical steps and evidence
Keep a simple checklist and collect evidence: communication, photos of condition, payment receipts and any agreements with guests.
- Create a list of all contacts and dates.
- Save payment receipts and messages.
- Keep photos before and after each rental.
FAQ
- Do I need my landlord's consent for short-term renting?
- Usually yes; first check the rental contract and inform the landlord in writing in good time.
- Which deadlines must I observe?
- Pay attention to deadlines stated in the contract and respond within set time periods to inquiries or legal letters.
- Where can I find official legal bases?
- The main regulations are in the Mietrechtsgesetz (MRG) and on JustizOnline for forms and procedures.[2]
How-To
- Read your rental contract carefully.
- Draft the sample letter and send it by registered mail or email with delivery confirmation.
- Document photos, payments and communication.
- If necessary, seek legal advice or support from the district court.
Help and Support / Resources
- RIS – Legal Information System of the Republic
- Justiz.gv.at – Information and contacts
- JustizOnline – eForms and procedures
