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General Information

In compliance with and in accordance to Austrian rental laws, tenants and landlords have different rights and obligations:

The three sections of rental law…

  • Full implementation of rental law
  • Partial implementation of rental law
  • Complete exclusion from rental law


…under which a rental agreement falls depends on the comprehensive rules under §1 of Austrian rental law.


A general rule of thumb is:

  • full implementation of rental law for flats in buildings constructed before the end of World War II,
  • rent for flats in unsubsidized new buildings and flats in new buildings containing flats to purchase, are mostly subject to partial implementation of rental law.


Rental agreements finalized after December 31st 2001 on rental objects in a building with no more than two independent flats or commercial real estate properties are completely excluded from the application of Austrian rental law.

Tip

Before signing a rental agreement, contact a housing information office to find out of the rental agreement falls under full or partial implementation of rental law or if it is excluded. In brief, there are essential differences between the three sections of rental law in favor of the tenant.

  • Full implementation of rental law: Price protection and protection from lease termination
  • Partial implementation of rental law: Protection from lease termination only
  • completely excluded from rental law: no protection against price control or lease termination

Main leaseholder

A main rental agreement is an agreement made between the flat seeker and

  • homeowner
  • flatowner
  • current tenant or leaseholder of a home
  • the potential flat owner whose ownership is not legally yet registered

Subleasing

Subleasing is a rental agreement between the main tenant and the flat seeker. Aside from termination of a rental agreement and an admissible amount of rent, Austrian rental law covers only a few regulations in regards to subleasing.

Tip

Additional legal information can be obtained at the housing information office located in each federal province.


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