Waiting Lists & Applications: Tenant Rights in Austria
Many tenants in Austria encounter waiting lists and application processes when an apartment becomes available. As a tenant, you should know what information landlords may legally request, which selection criteria are permissible, and how to act if you suspect a waiting list or allocation is unfair. This article explains common practices in plain language, describes sensible documentation and shows initial steps tenants can take to enforce their rights or review questionable requests.
What may the landlord do?
Landlords may request application documents, set reasonable selection criteria and perform credit checks, provided the questions are lawful and proportionate. Personal data must be handled according to data protection rules. Keeping a waiting list is not categorically prohibited but must not be a pretext for discrimination or arbitrary allocation.[1]
- Request application documents, such as income proof or ID copies.
- Contact references or previous landlords for verification purposes.
- Perform credit checks insofar as they comply with data protection law.
What is not allowed?
Any form of discrimination (e.g., by origin, gender, religion) is prohibited, as is requesting data irrelevant to the tenancy. Secretly sharing applicant data with third parties without consent is also forbidden. If landlords reject applicants without understandable criteria, tenants should ask for explanations and document the case.[2]
- Discriminatory selection criteria or questions about sensitive personal circumstances.
- Unauthorized sharing or storage of personal data.
- Arbitrary allocation without transparent reasons.
How to document and respond
Good documentation increases your chances if you need to assert your rights. Keep copies of all applications, messages and proof of viewings or appointments. Send written inquiries to the landlord and set deadlines for replies. If informal measures fail, legal action may be necessary; the district court is often the first point of contact.
- Collect copies of all application materials and emails.
- Send a written request to the landlord and set a deadline.
- Consider advice from the district court or tenant organizations if issues persist.
FAQ
- May the landlord keep a waiting list?
- Yes, keeping a waiting list is generally possible but must be transparent and non-discriminatory.[1]
- Which data may the landlord request?
- Only personal data necessary for deciding on the tenancy; sensitive data is generally not allowed.[2]
- What can I do if I suspect discrimination?
- Document incidents, request written explanations and contact the district court or advisory services.[3]
How-To
- Check deadlines: give the landlord a short written deadline to provide information (usually 7–14 days).
- Document: gather applications, emails, photos and notes of conversations.
- Respond in writing: request a reasoned explanation for rejection or placement on the waiting list.
- Legal steps: if misconduct continues, consider filing a claim at the district court.
