At viewings a rental offer is often quickly presented – with the note that the flat is thereby “reserved”. In fact, by signing you usually make a binding offer. Here you will learn how long you are bound by it and under what conditions the Konsumentenschutzgesetz gives you a right of withdrawal.
What a rental offer legally means
A signed rental offer is as a rule a contract proposal. Under the ABGB a proposal must be accepted within the period you yourself – or the form – have specified; before the end of that period you cannot withdraw it [S1]. If no period is stated in the offer, a period applies which is determined by the circumstances: how long that is in concrete terms depends on the individual case [S1]. If the landlord accepts your offer in time, the rental contract is concluded on the terms stated in it [S1][S9].
If the landlord is an entrepreneur, clauses that provide for an unreasonably long or insufficiently determined acceptance period are not binding on you [S2]. A commitment for many weeks during which the landlord can decide freely is therefore to be viewed critically.
Fictional example: The offer form states “The prospective tenant binds themselves to this offer until the owner decides”. Such an open end is not sufficiently definite – with a commercial landlord such a clause would not be binding on you [S2].
The right of withdrawal under § 30a KSchG
§ 30a KSchG is intended to prevent you from making a hasty decision at the first viewing [S3][S4]. You may withdraw from your declaration if all of the following conditions are met [S3]:
- You are acting as a consumer, i.e. privately.
- It concerns the rental or another right of use of a flat, the purchase of a flat or a detached house, or a plot of land suitable for a detached house.
- You signed the offer on the same day that you first viewed the property.
- The flat is intended to meet your urgent housing need or that of a close relative – a pure holiday or second home is not covered.
By “same day” case law generally means the calendar day of the first personal viewing; only in exceptional cases can a signature on the following day also be covered [S5]. The OGH has furthermore clarified that the right of withdrawal also exists if a private person, and not a company, is the landlord opposite you [S4].
How long you have
In principle you have one week from your declaration of contract [S3]. However, this period only begins to run when you have received a copy of your declaration and a written notice about the right of withdrawal. In any case the right expires at the latest one month after the day of the first viewing [S3].
Fictional example: You view a flat on Tuesday 3 November 2026 and sign the offer on site. If you immediately receive a copy and a written withdrawal notice, the one-week period ends on Tuesday 10 November 2026. If you never receive either, you can withdraw at the latest until 3 December 2026. Do not rely on the last day; act as early as possible.
Form and sending of the withdrawal
The withdrawal is not subject to any particular form; the period is complied with if you send the declaration within the period [S6]. For reasons of proof a short written withdrawal by registered post, whose dispatch receipt you keep, is nevertheless recommended – this is an editorial recommendation, not a legal obligation.
If an estate agent was involved and you address the withdrawal to them, the withdrawal also covers the agency contract that was concluded together with the offer [S3]. A deposit, earnest money or a penalty for withdrawal cannot be validly agreed before the expiry of the withdrawal period [S3].
If there is no right of withdrawal under § 30a
If you have already viewed the flat earlier and only sign later, § 30a generally does not apply [S3][S5]. Then you are bound to your offer for the acceptance period. Other rights of withdrawal, for example for distance contracts, remain unaffected [S3]; whether one of these applies in your case should be clarified at an advisory centre.
Also note the estate agent’s commission: Since 1 July 2023 an estate agent may only agree a commission with you as a flat‑seeker if you engaged them first [S7]. Before concluding the agency contract the agent must set out in writing which costs are likely to be incurred by you [S8].
Checklist before signing (editorial recommendation)
- Read the offer in full and ask if terms are unclear.
- Ensure that the rental period, rent, operating costs, deposit, move‑in date and any rented furnishings are recorded in writing.
- Have verbal promises included in the offer.
- Check the acceptance period and have open or very long periods deleted.
- Do not sign several binding offers at the same time.
- Demand a copy and keep it.
If in doubt the Arbeiterkammer, tenant organisations and consumer advice centres can help [S9][S10].