Renting – The Details
In this chapter you will find important information to consider if you want to rent a property in Austria. We provide an overview of the legal aspects, special features of the rental offer and rental contract as well as an overview of important safety checks that the tenant is obliged to carry out.
Any EU/EEA (European Economic Area) or Swiss citizen, or third-country national may rent an apartment in Austria under the same conditions as an Austrian citizen.
Tips for Renting an Apartment
Deciding which apartment is right for you can be overwhelming.
There are so many factors to consider. Here are some useful tips for your apartment search:
- Set your top priorities realistically and stick to them.
- Get a second opinion. Ask a friend, relative, or co-worker to review the listing or even view the apartment with you.
- Spend some time in the neighborhood. Check out the local supermarket, bakery, farmers market. Go to a local café and talk it up with some locals.
- Better yet, try to connect with the previous tenant or other residents in the building.
- Make sure the base rent is calculated correctly according to law (there are agencies that provide services free of charge, e.g. Arbeiterkammer).
- How difficult will the move-in be? Get a rough cost estimate from a moving company.
- Some rental contracts have a limited lease period, so you might have to move out after the period has been terminated.
- Get some legal advice before you sign a rental contract if you are not sure about some points. There are some agencies that provide services free of charge.
Further information on buying property
Further information and consultation appointments can be obtained from advice centers.
Time to make an offer - Mietanbot
When you’ve finally decided that an available apartment meets your needs, budget, and preferences, you will be asked by the landlord (usually via a broker) to submit a written tender (Mietanbot). Such an offer is legally binding once it’s signed by you, so you must be absolutely sure that the terms are in order.
You may withdraw from a binding offer if you submitted the offer while seeing the apartment for the first time and if there was an immediate housing need, but you must withdraw within seven days in written form.
If no information was provided about the right of withdrawal, this period shall be extended by a total of one month.
Never sign two written tenders just to reserve one or the other because you might end up with two apartments at the same time.
Under no circumstances should you pay a deposit or advance before the actual lease is signed, typically paid in cash.
The lease contract
We strongly recommend to have a written lease contract signed by both parties. A lease is only valid as long as the contracting parties mutually agree on the essential terms in writing.
For a rental agreement to be concluded, it is sufficient for the contracting parties to agree on the rental object and the rent. If you submit a binding rental offer that contains these two points and the landlord/landlady accepts this offer, a contract has already been concluded! This means that the landlord and tenant are bound by the contract and withdrawal without cause is no longer permitted (see 2.1.2 Time to make an offer).
Some apartments are offered partially furnished, which has to be stipulated in the rental agreement. Appliances such as dishwashers, refrigerators or washing machines are not uncommon as part of a rental agreement. However, in some cases you can also negotiate a price with the previous tenant and buy the appliances (so-called Ablöse or "redemption")
Further information on the rental agreement
You can find out what content a tenancy agreement should have in the following guide (in German only).
Find more information in English on the Austrian Landlord and Tenant Act here.
Unless included in the lease itself, the following elements should be REGISTERED IN THE RECORD OF THE HANDOVER
Apartment Checklist – Inventory list
Landlord’s rights and responsibilities concerning your apartment
- To hand over and maintain an apartment in usable condition (i.e., must remedy serious damage to the building and remove significant threats to the health of its occupants).
- To maintain the common areas and amenities of the building (including the apartment’s entry door, outer windows and balconies), as well as the heating units and water boilers within the apartment.
- To provide trash removal and pest control services in the building.
- To repair faulty water pipes, gas lines, electric lines.
- To repair building damage caused by moisture (e.g., mold buildup and rotting walls).
- To ensure the chimneys are swept. If the lease falls under MRG regulations, the costs of such maintenance are covered by the tenant.
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To not disturb the tenant and ask for permission beforehand if the landlord has to enter the flat.