A furnished flat is convenient, but often costs significantly more than an empty one. The landlord may charge an extra amount for the furniture provided, but not in any amount they choose. Here you will learn where the limit applies, how it is roughly calculated and how you can have an excessive amount reviewed.
What is meant by furniture rent
The rent for a main tenancy flat consists of several parts: the base rent, the share of operating costs and public charges, any special expenses and a reasonable charge for furniture provided with the tenancy or other additional services of the landlord [S2]. This last part is commonly called furniture rent.
If the landlord supplies furniture, only a reasonable charge may be agreed [S1]. The prerequisite is that furniture is actually supplied, for example cupboards, beds, a sofa, dining table or shelves [S5].
Where the limit applies and where it does not
The restriction to a reasonable charge (§ 25 MRG) applies in the full application scope of the Mietrechtsgesetz. In the partial application scope § 25 MRG is not applicable [S3]. There and for flats that are entirely exempt from the MRG, the amount for the furniture can in principle be freely agreed [S6].
Two special cases are important:
- If you are subletting a flat for which the MRG fully applies, the rule on a reasonable furniture charge applies analogously in relation to your sublandlord [S4].
- For co-operative flats of a non-profit building association § 25 MRG also applies [S7].
How “reasonable” is calculated
The law does not give a formula. In practice the starting point is the value of the furniture at the time the tenancy agreement is concluded and it is distributed over the expected remaining useful life. A reasonable profit margin for the landlord is then added [S5][S6]. From this it follows: the older and more worn the furniture, the lower the permissible charge usually is [S5].
Fictitious example: In a flat in the full application scope there is furniture whose value at the start of the contract is estimated at 3.600 euro. It is expected to be usable for another six years. Spread over 72 months this gives 50 euro per month, to which a moderate surcharge is added. If the landlord demands 180 euro per month for this, there is much to suggest having the amount reviewed.
How high the profit surcharge may be in concrete terms is decided in individual cases by the conciliation body or the court in the event of a dispute.
What furniture rent may not be charged for
Furniture rent only applies to furnishings that go beyond the flat itself. Equipment that already counts towards the classification of the flat under the Mietrechtsgesetz, such as a washbasin in the bathroom, is covered by the base rent and may not be charged again as furniture rent [S5].
Therefore check the contract to see exactly what the surcharge is for. If the contract only states a flat amount without breakdown, you can request a breakdown of a lump-sum rent in the full application scope [S8].
Having furniture rent reviewed and reclaiming it
Whether the charge for furniture provided with the tenancy is reasonable is decided on application by the district court in a separate procedure [S8]. In municipalities with a conciliation body, for example in Vienna, you must first submit the application there [S9]. In other federal provinces the district court is generally directly responsible.
What you have paid beyond the permissible amount you can reclaim together with statutory interest. This claim becomes time-barred after three years, and you cannot waive it in advance [S10]. So do not wait until moving out if you consider the amount to have been too high from the start.
This is how to prepare for a review:
- Prepare an inventory list with photos, condition and approximate age of each piece of furniture at the handover.
- Note which items are already broken or heavily worn.
- Keep the tenancy agreement with the breakdown of the rent and your payment receipts.
- Seek advice from the Arbeiterkammer, a tenants’ organisation or the conciliation body before making an application.