Tenants & Subletting: Reclaim Overpaid Rent in Austria

As a tenant in Austria, you may wonder whether a landlord can reclaim overpaid subrent. This issue often affects fixed-term and open-ended leases as well as primary and subletting relationships. In this article I explain clearly when reclamations are legally possible, which receipts and deadlines matter, and which steps tenants can take to reclaim amounts paid in excess. I show practical actions such as how to document payments, prepare formal letters and when it makes sense to contact the district court^[2] or propose mediation. The goal is that you know your rights in Austria and can act with confidence. At the end you will find concrete notes on required forms, sample letters and where to get free advice or support.

When can a landlord reclaim overpaid subrent?

Generally, a reclamation for overpaid subrent depends on the legal basis. The Mietrechtsgesetz (MRG) and the General Civil Code (ABGB) contain rules on rent, ancillary costs and limitation periods that are decisive here^[1]. The contract situation, proof of payments and whether there was an agreement or an incorrect statement are always important.

• Excess or incorrectly calculated rent due to faulty accounting.
• Unauthorised ancillary costs or duplicated charges.
• Fraud, fraudulent misrepresentation or unlawful contract clauses.
• Limitation: claims lapse if deadlines are not observed.

How can tenants respond?

If you suspect you have paid too much subrent, documentation and formal communication are the first steps. Record which amounts you paid and when, and request a corrected statement. If necessary, send a registered demand for repayment.

• Collect and date payment receipts and bank statements.
• Draft a formal demand letter listing receipts and setting a deadline.
• Send a registered reminder and keep records of all communication.
• If disputed: file an application with the competent district court or seek mediation.

Key Takeaways

• Secure all proof of payment immediately.
• Mind limitation periods so claims are not time-barred.
• Seek legal advice or tenant support if unsure.

FAQ

Can a landlord reclaim overpaid subrent?

Yes, if it can be proven that too much was charged or accounting errors occurred; limitation and contract terms must be checked.

What documents do I need as a tenant?

Payment receipts, bank statements, written agreements and billing records help substantiate claims.

Where can I turn if the landlord does not reimburse?

You can send a demand, propose mediation or file an application at the district court.

How-To

1. Document: gather all payment evidence and note contract details.
2. Write: prepare a formal reclamation letter with a deadline.
3. Observe deadlines: set reasonable timeframes and check limitation rules.
4. Court steps: if needed, submit an application to the district court or use JustizOnline^[3].

Help and Support / Resources

• [1] RIS: Mietrechtsgesetz (MRG)
• [2] Justice: court information and procedures
• [3] JustizOnline: electronic forms

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justice: court information and procedures
3. [3] JustizOnline: electronic forms