If you rent an apartment in Austria that falls within the full scope of the Mietrechtsgesetz (MRG), you do not have to accept an excessive net rent. A rent that exceeds the statutory limit is ineffective to that extent – but you must assert this in good time. Here you will learn who is responsible, which deadlines apply and what belongs in the application.
When a review is worthwhile
A review is only possible where there is a statutory upper limit – that is, in the full scope of application of the MRG [S1][S7]. Typical reasons:
- The main rent appears to be above the guideline value including additions and deductions, the category rent or the appropriate amount [S1].
- A location surcharge has been charged without the reasons having been given to you in writing at the latest when the contract was concluded [S1].
- In the case of a fixed-term contract the 25 percent discount was not taken into account [S1].
- A increase due to indexation exceeds the permissible limit [S1].
- You are a subtenant and the subrent exceeds the applicable limit [S2].
The breakdown of an all-inclusive rent and the charge for rented furniture can also be clarified in this procedure [S3].
Court or conciliation body: who is competent
The district court in whose jurisdiction the building is located decides on the appropriateness of the main or subrent in a special non-contentious procedure [S3]. In the first and second instances you can act yourself or be represented by a person of full age and legal capacity; only in the third instance is representation by a lawyer, notary or interest representation required [S3]. Costs are allocated according to equity, taking into account, among other things, how far a party has succeeded with its application [S3].
In some municipalities a conciliation body of the municipality is first competent. There you can only go to court if the matter was previously pending with the municipality [S4]. The conciliation body first attempts to reach an agreement and otherwise decides itself [S4]. Thereafter the following applies [S5]:
- Anyone who disagrees with the decision can bring the matter before the court within four weeks of service; the decision of the municipality then ceases to have effect.
- If the procedure before the municipality is not concluded after three months, either party may appeal to the court.
Submissions and settlements in the procedure before the municipality are exempt from stamp and legal fees [S4]. Whether there is a conciliation body in your locality can be found out from the district court, the municipality or a tenants' advice service.
The deadlines – where most claims are lost
- Open-ended contract: The ineffectiveness of the main rent must be asserted within three years [S1]; the period is calculated from the conclusion of the rent agreement, usually from the contract signing [S7][S8].
- Fixed-term contract: The period ends at the earliest six months after the end of the tenancy or after its conversion into an open-ended contract [S1].
- Indexation increase: The period runs from the landlord's notice of increase [S1].
Amounts paid in excess can be reclaimed together with statutory interest; you cannot effectively waive this claim in advance [S6]. The claim for repayment generally prescribes in three years, in the case of fixed-term main tenancies in ten years; as long as the procedure on the rent level is pending, prescription is suspended [S1][S6]. Corresponding periods apply to subtenancy agreements [S2].
Fictitious example: In March 2024 you signed an open-ended contract for 60 m² at €9,50 net per m². If the review yields an upper limit of €7,34, the excess is €2,16 per m², i.e. €129,60 per month. If you file the application before March 2027, the rent can be reduced for the future, and you can reclaim the amounts paid in excess. If you wait longer, a review is generally no longer possible.
What the application must contain
Do not apply only for repayment, but also for the declaration that and to what extent the rent agreement is ineffective and which main rent is permissible [S8]. If the procedure results in a claim for repayment, the landlord must be ordered to pay the amount together with interest within 14 days [S3].
Have these documents ready [S7]:
- Tenancy agreement including extensions and amendments,
- Rent invoices and proof of payments,
- Letters regarding rent indexation increases with the date on which they reached you,
- Details of landlord and property management, location of the flat, start and, where applicable, end of the tenancy and whether the contract is time‑limited.
Example Vienna and where to get support
Only for Vienna: the competent body is the Conciliation Board for housing law matters of the City of Vienna (MA 50). Principal tenants can submit the application for principal rent review online or in writing by post or e‑mail, together with an identity document; according to the City of Vienna no fees apply [S7]. Separate applications exist for sub‑rent and furniture rent [S7]. Outside Vienna you should first clarify whether your municipality has a conciliation board; if there is none, you submit the application directly to the competent district court [S3][S4].
Before you file an application, it is worth getting advice: tenant advisory services, tenant organisations and the Chamber of Labour (Arbeiterkammer) of your federal state can assess your contract and tell you whether and to what extent an excess is likely. However, only the conciliation board or the court can make a binding decision.