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Relocation

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.

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") 

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Types of lease agreements

  • A primary lease is a contract between tenant(s) and property owner (or leaseholder) of an entire building or an apartment. 

  • A sublet is a contract between a primary lease holder (primary tenant) and another tenant or tenants. You have to make sure that the primary lease holder is eligible for subletting the flat. You should ask for the contract between the owner of the flat and the primary tenant.

     

Required security checks and readings

  • Once a year, a representative from your service provider will visit you to read your meter. This will allow for a correction of the monthly estimates (which means you either pay more or get some money back). In some cases you may also read the meter yourself and send it directly to the supplier. It’s advisable to photograph the meter in your new home on the day you move in to ensure your service provider won’t overcharge.

  • If your home is heated with gas, your central boiler (Therme) and other equipment are subject to an annual security check. You’ll need to make the appointment yourself and pay the costs, which can range from €130 to €250. A sticker placed on the boiler is your proof of a successful check-up and will also show the date your next inspection is due. Keep in mind that you’ll be steeply fined if you fail to do this, as regular maintenance is key to the safe use of gas for both yourself and your neighbors.

  • Many older buildings still have wood or oil-burning stoves, or the exhaust outlets they once were connected to. If this is the case, the property management (Hausverwaltung) will schedule appointments for a chimney sweep four times a year. Your only responsibility is to make the flat accessible for inspection. Chimney sweeps are centrally organized by each municipality and the inspections are free of charge.

Industrieroboter mit Mann
© Daniel Ingold / Westend61

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.
  • To not disturb the tenant and ask for permission beforehand  if the landlord has to enter the flat.

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Tenant’s rights and responsibilities

  • The tenant is responsible for paying rent on time. However, the tenant is entitled to withhold rent (Mietzinsminderung) due to faults or general problems that make the apartment unusable (e.g., water, power or heating failure; excessive mold or noise). A tenant must inform the landlord in writing.

  • The tenant has a right to make minor changes to the apartment (e.g., painting or applying wall paper to the interior) without obtaining permission from the landlord. For substantial renovation or changes, the tenant must obtain the landlord’s permission.

  • The tenant is responsible for keeping up the apartment so that no harm is caused to the landlord or building occupants (e.g., making sure the water pipes don’t freeze, preventing water damage, and regularly cleaning the apartment and its amenities).

  • If a heating unit or water boiler is installed in the apartment, the tenant is responsible for its annual service and inspection (but not its repair or replacement).

  • The tenant must allow the landlord, or a representative, access to the apartment if there is an important maintenance reason (to remedy serious damages to the apartment, the ­building or even a neighboring apartment). The landlord must obtain the tenant’s advance approval, unless there is imminent danger.

  • The tenant is responsible for returning the apartment clean and emptied at the termination of the lease contract.

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