Who Pays in a Shared Flat? Tenant Rights in Austria
Many tenants in Austria live in shared flats (shared apartments) or pay co-rent, and it is often unclear who is responsible for rent, utilities or repairs. This article explains in practical terms the rules for subletting, joint rent payments and special agreements, what rights and obligations tenants have and how to resolve disputes amicably. We describe common contract types, how costs are shared, what to do in case of damage or lack of heating and which deadlines apply for termination or eviction. At the end you will find a step-by-step guide, frequently asked questions and official contact points in Austria so that you as tenants can act well informed.
Shared flat, co-rent and subletting: Who is liable?
In a shared flat the tenancy can be formally arranged in different ways: either one main tenant is on the contract and housemates pay co-rent, or each roommate is named in the lease. In subletting the main tenant concludes a separate sublease. Different obligations apply depending on the contract form; check the contract carefully and, if in doubt, refer to the Mietrechtsgesetz [1].
- Rent: Whoever is listed in the contract is usually directly liable to the landlord for payment.
- Utilities: It is common to split utilities proportionally among roommates or use a billing key.
- Repairs: Minor repairs may be regulated in the lease; major defects should be reported to the landlord.
- Written agreements: Special rules such as how the deposit is divided or takeover of furniture should be recorded in writing.
Practical steps for disputes about payments
If tenants disagree about cost shares or repair payments, systematic, documented action helps: copies of bills, photos of damage and clearly worded payment requests. If the conflict escalates, district courts are responsible; inform yourself about procedures and deadlines [2].
- Document damages and payment claims with dates and evidence.
- Send formal requests by email and, if necessary, by registered mail.
- Observe deadlines for reporting defects and, if applicable, for lawsuits or applications.
Typical special rules in shared flat contracts
Special rules can include agreements on using communal areas, cleaning, covering electricity and internet costs or dividing the deposit. Such clauses are permissible as long as they do not violate mandatory provisions of tenancy law. Pay attention to clear wording on amounts and due dates.
FAQ
- Does every shared flat resident have to pay rent proportionally?
- If not every resident is named in the lease, the main tenant is usually formally liable to the landlord; internal proportional payments can be agreed.
- Who pays for damage in the shared flat?
- Generally, the person who caused the damage is liable; for jointly used areas cost sharing can be agreed.
- Can the landlord evict individual roommates?
- A judicial termination is directed against the contractual debtor; where multiple parties are on the contract the specific contractual relationships are decisive and legal steps may be necessary.
How-To
- Collect evidence: photos, invoices and messages documenting payments or damages.
- Seek written agreement and propose a fair cost-sharing arrangement.
- Set timely payment requests and state a realistic deadline.
- If necessary, prepare a complaint or lawsuit at the district court and use official forms [3].
Help and Support
- [1] RIS: Mietrechtsgesetz (MRG)
- [2] justiz.gv.at: District courts and procedures
- [3] JustizOnline: Forms and e-Services