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 priorities realistically and stick to them.
- Get a second opinion. Ask friends, relatives or work colleagues to check the offer or view the flat with you.
- Spend some time in the neighbourhood. Take a look at the local supermarket, bakery or farmers' market. Go to a local café and chat with the locals.
- Even better: Try to get in touch with the previous tenants or other residents of the building.
- Make sure that the basic rent is calculated correctly in accordance with the statutory provisions (there are various free advice centres for this, e.g. Chamber of Labour).
- How difficult will it be to move in? If necessary, obtain a rough cost estimate from a moving company.
- Some tenancy agreements have a limited term, which means that you may have to move out at the end of the term.
- Seek legal advice when concluding your tenancy agreement. There are also various (free) advice centres for this.
Further information on buying property
Further information on tenant assistance.
Further information on housing, authorities and advice centers.
Time to make an offer - Mietanbot
Once you’ve 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 - Mietanbot).
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.
Required security checks and readings
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Reading Your Electric Meter
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. Smart meters, digital meters that automatically transmit the reading to the energy supplier, are increasingly being installed.
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Boiler Inspection (Thermenwartung)
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.
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Chimney Sweeps
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.
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.
- Do not disturb the tenant and give advance notice by telephone or email if the landlord wishes to enter the flat. The notification obligation does not apply in emergencies.
Tenancy Act (MRG)
The Austrian Tenancy Act (MRG) regulates the rights and obligations of tenants and landlords.
It applies to tenancy agreements for flats and business premises, but not to all tenancy agreements - for example, single-family homes, holiday flats or certain new buildings (built after 1953) are partially or completely exempt. Accordingly, a distinction is made between full application, partial application and non-application of the MRG. Two key criteria for the full application of the MRG are that the building in which the rented flat is located was built before 1 July 1953 and that it has more than two rental objects.
The MRG is particularly dedicated to the protection of tenants, e.g. through rent caps, protection against dismissal and the clear regulation of the contents of tenancy agreements. It is therefore best to find out whether and to what extent the MRG is applicable to your tenancy before concluding the tenancy contract.
Further Information
Further information on the MRG and other relevant laws.
