Before you get the key, several thousand euros often come due: deposit, first rent, possibly a broker’s commission or a transfer payment (Ablöse). Some of these items are legally limited, others may not be demanded of you at all. This overview helps you plan realistically and recognise unlawful demands.
The typical items at a glance
- Deposit: no fixed upper limit, but must correspond to the security interest [S1][S2]
- First rent: in the full application scope due on the fifth of the month in advance, unless a later date is agreed [S3]
- Broker’s commission: only with an initial appointment by you; then at most one to two gross monthly rents [S4][S5]
- Transfer payment (Ablöse): in the full application scope only against equivalent consideration [S6]
- Contract drafting and fee: drafting costs in the full application scope generally refundable; no contract fee for residential tenancies [S7][S8]
Deposit
The deposit is usually the largest chunk. The Mietrechtsgesetz (MRG) does not set a fixed maximum amount, but it obliges the landlord to invest a deposit handed over in cash with interest on a savings book or otherwise safely and to return it with interest after the end of the contract, provided there are no justified claims [S1]. In the full application scope, a deposit that clearly exceeds the landlord’s security interest can be reclaimed in part [S2]. In practice, three months’ rent is common [S9].
Broker’s commission
Since 1 July 2023 the “bestellerprinzip” applies to apartment rentals: if the landlord commissioned the broker first, the broker may only agree a commission with the landlord [S4]. A commission may be demanded of you as a flat-seeker only if you commissioned the broker first — and even then not if, for example, the broker advertised the apartment with the landlord’s consent [S4].
If you are exceptionally liable to pay a commission, it is limited: for open-ended or fixed-term contracts exceeding three years it is capped at two gross monthly rents, and for fixed terms up to three years at one [S5]. The gross rent includes the main or sublet rent, operating costs and public charges, special expenses and the remuneration for included furnishings; VAT is not included, and in apartments with legally limited rent heating costs are not included either [S10]. Before concluding the broker agreement, the broker must provide you in writing with an itemised list of all expected costs including the commission [S11].
Transfer payment (Ablöse), advance payment and contract drafting
A transfer payment to a previous tenant or the landlord is permitted in the full application scope only insofar as you receive an equivalent consideration for it, for example furniture at its actual value [S6]. Excess payments can be reclaimed with interest within ten years [S6]. A rent prepayment is only unproblematic if it is allocated to a specific period and correspondingly reduces the ongoing rent [S12].
If the landlord or the property management demands money for the drafting of the tenancy agreement, you can generally reclaim these costs in the full application scope according to case law [S7]. Therefore keep every receipt. A state contract fee does not apply to tenancy agreements for residential premises [S8].
Ongoing costs from the first month
The first month is also among the initial costs. In the full application scope the rent consists of the main rent, the share of operating costs and public charges, any special expenses and possibly remuneration for included furnishings; VAT may apply [S3]. In addition you should budget for energy, internet, insurances and the ORF contribution, which are incurred outside the rent [S13].
Your budget checklist (editorial recommendation)
The following list is an editorial recommendation, not a legal requirement:
- Deposit as stated in the ad or offer
- First month’s rent including operating costs
- Commission – only if you yourself commissioned a broker
- Transfer payment for kitchen or furniture, compared with actual value
- Moving: van or removal company, boxes, helpers
- Initial equipment: lamps, curtains, missing appliances
- Registration and deposits with electricity, gas or internet providers
- Reserve of at least one month’s rent for unexpected expenses
Fictitious example: For a flat with €900 gross rent and three months’ deposit you plan €2.700 deposit, €900 first rent, €0 commission (the landlord commissioned the broker), €1.200 for kitchen transfer payment according to valuation, €600 moving costs, €500 initial equipment and €900 reserve. That adds up to around €6.800 before the first night in the new flat.
As a rough guide for ongoing housing costs oesterreich.gv.at cites a rule of thumb of at most one third of net income [S14].
Where to get help
If a demand seems excessive, contact the Arbeiterkammer, a tenants’ organisation or a housing advisory service. In Vienna you can assert reclamations, for example due to prohibited transfer payments, with the Schlichtungsstelle für wohnrechtliche Angelegenheiten; in other federal states the district court is usually responsible, unless your municipality has set up a conciliation body [S15].