Austrian Landlord and Tenant Act (Österreichisches Mietrechtsgesetz - MRG)

Most of the rented flats in Vienna are subject to the Austrian Landlord and Tenant Act MRG. The tenancy law lays down, amongst other things, the maximum amount of rent you can be charged for a flat (depending on the category. It also contains regulations concerning fixed-term contracts. However, tenants – especially if they come to Vienna from abroad – often do not know about the legal protection the tenancy law provides. In some cases landlords, unfortunately, make use of this information gap to their advantage. Therefore, you are well-advised to let a housing expert read your contract before you sign it.

Tenancy agreement (Mietvertrag)

A tenancy agreement is a verbal or written contract between a landlord or a landlady (this can be the flat owner or the main tenant) and a person who is looking for a place to live. The contract lays down the kind of tenancy (e.g. for private or business purposes), the tenancy period, and the rent (Miete or Mietzins). The tenancy law distinguishes between open-ended and fixed-term tenancy agreements:

Open-ended tenancy agreement (unbefristeter Mietvertrag)

An open-ended tenancy agreement is not limited in duration. It is valid until one of the contracting parties terminates the contract. The legal minimum period of notice is one month, but different, longer periods of notice might be laid down in the tenancy agreement. The period of notice starts at the end of the month in which you notify your landlord or landlady about your termination. The landlord or landlady is allowed to terminate an open-ended tenancy agreement only if there is a serious reason which is legally recognized, for example, if you do not pay your rent.

Fixed-term tenancy agreement (befristeter Mietvertrag)

The minimum tenancy period of a fixed-term tenancy agreement is three years. It can be extended in writing any number of times for any given duration. The minimum time span of each subsequent extension of the contract is three years as well. However, there is no maximum duration unless indicated by contract. Still, you can legally terminate your fixed-term tenancy agreement before the end of the three year period, or the period agreed upon in the contract if you wish to do so. However, you cannot terminate the contract before the end of the first year. Also bear in mind that you are bound by contract to a period of notice of three months. The period of notice starts at the end of the month in which you notify your landlord or landlady about your termination. In other words, you can move out of a flat with a fixed-term tenancy agreement by the end of the 16th month at the earliest. Moreover, the tenancy law also distinguishes between two types of tenancy, headlease and sublease:

Moreover, the tenancy law also distinguishes between two types of tenancy, headlease and sublease:

Headlease (Hauptmiete)

You are renting as headlease if the tenancy agreement has been signed between you (the flat seeker) and

• the owner of the building, or
• the owner of the flat, or
• the tenant or leaseholder of the whole building, or
• the person who is about to acquire the flat and not yet registered in the land register (Grundbuch).

In this case you are the main tenant (Hauptmieter/Hauptmieterin) of the flat.

Sublease (Untermiete)

You are renting as sublease if the tenancy agreement has been signed between you (the flat seeker) and the main tenant. In this case you are the subtenant (Untermieter) of the flat. Subsidised rented flats may not be sublet by the tenant.

Protection against unwarranted eviction (Kündigungsschutz)

The so-called Kündigungsschutz protects tenants by law from unwarranted eviction initiated by a landlord or a landlady. Landlords or landladies are allowed to terminate an existing contract only if there is a serious reason which is legally recognized.