Have your Austrian rental contract checked — free, in 30 seconds
Every question about an Austrian lease depends on one that the contract itself usually does not answer: does the Mietrechtsgesetz apply in full, only in part, or not at all? Upload the lease and CheckVertrag works through it from there.
Where the MRG applies in full — broadly, older buildings authorised before 30 June 1953 — the rent is capped by the Richtwert system, a fixed term must be in writing and last at least three years, and a 25 percent discount applies to the permissible rent for fixed-term contracts (§§ 16, 29 MRG). After the first year you may terminate at any time with three months' notice to the end of a month. The landlord must maintain the common parts, serious defects and any boiler or heating device let with the flat (§ 3 MRG). This is an AI first assessment, not legal advice.
First question: how far does the MRG apply
Full application, partial application and full exemption lead to very different answers on rent caps, fixed terms and maintenance. Broadly: older buildings authorised before 30 June 1953 fall under full application; freely financed new builds fall under partial application, where the rent caps drop away but the rules on fixed terms largely remain; detached houses with one or two flats are outside the MRG altogether.
Fixed terms and the 25 percent discount
A fixed term for a flat is only valid if it is in writing, the end date is fixed from the outset, and it runs for at least three years — the same applies to each extension. If it is not valid, the contract counts as open-ended, which is the better outcome for you. Where a fixed term is valid, the permissible rent has to be reduced by 25 percent; that discount is frequently omitted, and overpaid rent can be reclaimed.
Rent caps and the Lagezuschlag
Under full application the rent follows the Richtwert for the federal state, adjusted by additions and deductions. The most frequently contested addition is the Lagezuschlag for an above-average location: it is only valid if it was disclosed to you in writing when the contract was concluded. Overpaid rent can be reclaimed through the arbitration board, going back three years and, for fixed-term Richtwert contracts, up to ten.
Who maintains the boiler
Since 2015 the landlord must maintain a boiler, heating device or water heater let together with the flat where the MRG applies in full. Servicing remains your responsibility, so keep the maintenance records: if a device fails because it was not serviced, the allocation can shift.
Clauses we see, and what they are worth
“The tenancy is concluded for a fixed term of two years.”
Void as a fixed term
For flats the minimum fixed term is three years (§ 29 MRG). A shorter term means the contract counts as open-ended — in your favour, because the landlord then needs a statutory ground to terminate.
“Maintenance and repair of the heating system is the tenant's responsibility.”
Void under full MRG application
Where the MRG applies in full, maintaining a boiler or heating device let with the flat is the landlord's obligation (§ 3 MRG). Only routine servicing is yours.
“A location surcharge of EUR 1.80 per square metre applies.”
Only valid if disclosed
A Lagezuschlag is only effective if it was disclosed to you in writing at the conclusion of the contract and the location is genuinely above average.
Frequently asked questions
- How do I know whether the MRG applies to my flat?
- Broadly by the building permit date and the type of building: buildings authorised before 30 June 1953 usually fall under full application, freely financed new builds under partial application, and one- or two-family houses are outside the MRG.
- Can I terminate a fixed-term lease early?
- Yes. After the first year you may terminate at any time with three months' notice to the end of a calendar month, whatever the contract says.
- Can I get overpaid rent back?
- Yes, through the arbitration board or the district court under § 37 MRG. The claim usually reaches back three years, and up to ten for fixed-term contracts with a Richtwert rent.
- What does the check cost?
- The first three findings are free and need no account. The full report is a one-off payment, with no subscription.
Hinweis: Keine Rechtsberatung. Diese Analyse ist eine KI-gestützte Informations- und Auffälligkeitsprüfung und stellt keine Rechtsberatung und keine Rechtsdienstleistung dar (Deutschland: RDG, Österreich: RAO). Sie macht potenziell auffällige Klauseln sichtbar und bewertet Prüfbedarf, nicht die Rechtswirksamkeit. Für rechtsverbindliche Auskünfte wende dich bitte an eine Anwältin oder einen Anwalt.