Many claims in tenancy law depend on deadlines that quietly run in the background. If you miss them, you often lose the right to have an excessive rent reviewed or to get money back. This overview shows you the most important dates – from rent review to operating costs, the deposit and fixed-term contracts.
First clarify: Which rules apply to your flat?
Many deadlines in this article come from the Mietrechtsgesetz (MRG). Whether they apply to you depends on whether your flat falls fully, partly or not at all under the MRG. For new-build flats approved without public funding after 30 June 1953, and for many rented condominiums (Eigentumswohnungen) in buildings with a building permit issued after 8 May 1945, only certain MRG provisions apply, such as those on the deposit, fixed term and termination [S1]. The rules on rent ceilings and the operating costs statement do not belong to these [S1]. Flats in buildings with no more than two independent flats or commercial premises are entirely excluded from the MRG [S1].
Excessive rent: Three years or until six months after the end of the contract
If your main rent is above the statutory ceiling, the agreement is ineffective to that extent. But you must assert this yourself: for open-ended contracts within three years [S2]. For fixed-term contracts the period ends at the earliest six months after the end of the tenancy or after its conversion into an open-ended contract [S2]. The AK Wien calculates the three-year period from the conclusion of the rent agreement [S7].
Hypothetical example: A fixed-term old-building contract ends on 30 June 2027. Then the review can be applied for at the earliest until 30 December 2027 – but it is better to submit the application considerably earlier.
The competent authority is the district court (Bezirksgericht). In municipalities with their own conciliation office you must first bring the application there [S5]; in Vienna this is the Schlichtungsstelle für wohnrechtliche Angelegenheiten (MA 50) [S13].
Claiming money back: How far back it goes
What was paid contrary to the MRG rules on rent and operating costs you can claim back together with interest. This claim generally expires after three years [S3]. For fixed-term main tenancy agreements the limitation period for excessive main rents is ten years [S2]. As long as proceedings on the rent level are pending, the limitation period is suspended [S3].
A special rule has applied since 1 January 2026 for ineffective indexation clauses (Wertsicherungsklauseln) in contracts concluded before that date: you can then only reclaim payments from the last five years before the end of the contract or – for an ongoing contract – before the time at which you became aware of the ineffectiveness. From that knowledge you have three years [S6]. This restriction does not apply if the clause was abusive within the meaning of the EU Unfair Terms Directive, if you had already brought legal action before 2026 or if the increase exceeded a statutory rent ceiling [S6].
Operating costs: 30 June as the decisive date
In the full application scope of the MRG the landlord must settle the operating costs of a calendar year no later than 30 June of the following year and must allow you inspection of the vouchers (Belege) [S4]. A credit is to be repaid by the second following interest date; an additional payment is also due on the second following interest date [S4]. Operating costs that have been due for more than a year can generally no longer be claimed by the landlord; for the annual flat-rate settlement this one-year period only begins at the end of the respective calendar year [S4].
Hypothetical example: The statement for 2025 is placed in the building on 30 June 2026. Do the calculations and inspect the vouchers promptly – wrongly charged amounts expire after three years [S3].
Deposit: returned without delay
After the end of the tenancy the deposit together with interest must be repaid without delay, insofar as the landlord does not need it for justified claims from the tenancy [S8]. This rule also applies in the partial application scope of the MRG [S1][S8]. Request the deposit preferably in writing and with a short deadline and document the condition of the flat on return in a protocol with photos [S9].
Fixed term and termination: Keep deadlines in view
With a fixed-term residential tenancy agreement in the full or partial application scope you may terminate at any time to the last day of a month after the expiry of the first contract year; the notice period is three months [S10]. An open-ended tenancy for a flat ends, without a deviating agreement, on the last day of a month; with monthly rent payment the notice must be received at the latest one month beforehand [S11].
If you are served with a court notice of termination you have four weeks to raise objections (Einwendungen) [S12]. This period is short – therefore collect court mail quickly and seek advice immediately.
- Check rent level (open-ended) – Deadline: within 3 years; Source: [S2]
- Check rent level (fixed-term) – Deadline: at the earliest 6 months after end of contract or conversion; Source: [S2]
- Operating costs statement – Deadline: by 30 June of the following year; Source: [S4]
- Deposit returned – Deadline: without delay after end of contract; Source: [S8]
- Objections to court termination – Deadline: 4 weeks; Source: [S12]
How to proceed
Keep the tenancy agreement, riders, bills and payment receipts complete. If you want to make use of a deadline, do not wait until shortly before it ends: an examination takes time. You can get an initial assessment from the Arbeiterkammer of your federal state, from tenant organisations or – in Vienna – from the conciliation office.