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KI-Symbolbild: Ein großes Gründerzeit-Zinshaus mit einem abgesperrten, von Schutzgittern überdachten Gehsteigbereich an einem trüben Herbsttag.
Decision aid Letting Austria

Major maintenance not covered: Preparing a procedure under § 18 MRG

A costly maintenance work does not permit a freely calculated additional rent. Order costs, rent reserves and procedures before issuing a new charge.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Austria
For whom
Owners & landlords
Article ID
WX26-P03-0002

The roof requires a major maintenance work. The first quote has arrived, the available funds appear insufficient. As the landlord you want to know whether and how financing via increased main rents would be possible. The correct starting question is not what surcharge you can add to a single monthly rent, but whether the prerequisites of the special procedure are met.

Describe the financing gap reliably first

§ 18 MRG deals with an imminent major maintenance work whose costs are not covered by the statutory coverage assessment. The preceding ten calendar years as well as the main rental income expected during the distribution period are part of this assessment. A low account balance alone does not reflect it. [ERHOEHUNG]

First clarify the applicable tenancy law framework. § 1 MRG contains exceptions and partial application areas; a financing idea from another building must not be adopted without review. [RAHMEN] At the same time ask the professional advisors which further procedural rules are decisive for the concrete application. This article prepares the decision and does not replace a completed application.

Define a separable scope of work from the quote

Summarise which building components are affected, what maintenance work is planned and which additional wishes are listed alongside. Technical urgency, scope of execution and reasonable costs require appropriate specialist documentation. A mere collective item “complete roof renovation” can obscure necessary follow-up questions.

Check that quotes refer to the same level of service. Does one quote include professional supervision while another only the execution? Has a possible grant already been applied for or merely hoped for? § 18 names, among other things, reasonable costs, certain incidental costs and subsidies as components of the assessment. [ERHOEHUNG] Your own list provides information for this; it does not itself decide which expense may legally be applied.

Present past and future together

Collect the existing main rent statements, together with the available receipts and outstanding objections. Mark missing years clearly. A newly created overview must show from which base figures it derives. The expected future tenant situation should also match the units actually recorded and their use.

Include a financing comparison: available funds, planned financing, grant status and desired timeline. The professional calculation is governed by the statutory framework. § 18 provides for a distribution period of no more than ten years, the concrete length of which is not freely chosen out of convenience. [ERHOEHUNG]

Hypothetical case: The cost estimate does not yet trigger a charge

Paul receives two quotes and mentally divides the higher amount among the tenant parties. When compiling the documents, however, it becomes apparent that earlier statements are missing and a grant has not yet been clarified. Part of the more expensive quote also concerns an additional expansion wish.

He has scope of work and coverage assessment prepared before announcing a new rent. For resident information he separates the planned construction sequence from the still open financing decision. He promises neither a certain increase nor a guaranteed absence of cost risk.

Treat approval as a separate decision step

Paragraphs 2 and 3 of § 18 describe the judicial or municipal approval under the statutory requirements. Paragraph 5 contains exclusions. A tradesman’s quote does not replace this decision. [ERHOEHUNG]

After a decision, the permissible period, affected units and the actually approved scope must remain traceable in implementation. During preparation your finished result initially consists of a verifiable work and financing status with a complete timeline. Only the appropriate legal review and the procedure will answer whether this may become a changed charge.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.