For most pre-war flats (Altbauwohnungen) within the full application scope of the Mietrechtsgesetz (MRG), the Richtwertmietzins is the upper limit for the net rent. Many confuse the Richtwert with the permitted rent – in fact it is only the starting value of a calculation. Here you will learn what this calculation consists of and where disputes most commonly arise in practice.
When the Richtwert is the limit
The Richtwertmietzins applies to main rental flats of the equipment categories A, B and C within the full application scope of the MRG, provided no exceptional case exists that permits an appropriate rent [S1]. Typical are rental flats in buildings with building permits before 9 May 1945. For flats of category D a fixed category amount applies instead [S1].
The Richtwert itself describes a hypothetical standard flat with these characteristics [S2]:
- 30 to 130 m² usable floor area, in usable condition,
- rooms, kitchen or kitchenette, entrance hall, WC and a modern bathroom or a bath niche,
- central heating or an equivalent permanently installed heating system,
- in a properly maintained building in an average location.
A building is not considered properly maintained if certain urgent maintenance works are pending at the time of rental [S2].
The Richtwerte from 1 April 2026
Richtwerte are set and adjusted by federal state. From 1 April 2026 the following amounts apply per m² usable floor area and month, net without operating costs and VAT [S3]:
- Burgenland 6,15 € · Kärnten 7,89 € · Niederösterreich 6,92 €
- Oberösterreich 7,30 € · Salzburg 9,31 € · Steiermark 9,30 €
- Tirol 8,22 € · Vorarlberg 10,35 € · Wien 6,74 €
Until 31 March 2026 the values in force since 1 April 2023 applied unchanged; for Vienna, for example, 6,67 € [S3]. The increase in 2026 was legally capped at a maximum of one percent; on 1 April 2027 it may be at most two percent, thereafter an inflation component above three percent will only be taken into account at half [S4]. For your contract the Richtwert that applied at the time the contract was concluded counts [S1].
Important: If the Richtwert rises, your rent does not automatically increase. An increase during an ongoing contract requires an effective indexation (Wertsicherungsvereinbarung); since 2026 this is additionally limited by the Mieten-Wertsicherungsgesetz, and an increase amount above the statutory limit is ineffective [S1][S5][S8].
Increases and reductions: from the standard flat to your flat
The flat is compared with the standard flat. If it is better, increases are possible; if it is worse, reductions must be made – assessed according to the condition at the time the contract was concluded [S1]. The law cites, among other things, the following [S1]:
- intended use, storey and position on the storey,
- above-average or below-average additional areas such as balcony, terrace, cellar or attic compartment,
- facilities such as lift, garage or communal rooms – here the increases are capped in amount,
- the location (residential environment) and the maintenance condition of the building,
- a lower equipment category: For categories B and C a reduction compared with the standard flat must be made. The law does not specify a fixed percentage for this [S1].
The location supplement: two conditions, one ceiling
A supplement for the location is only permissible if both are fulfilled [S1]:
- The property is in a better-than-average location.
- You were informed in writing and expressly of the reasons for the location supplement at the latest when the lease was concluded.
If the written justification is missing, the location supplement falls away, even if the location is good. Its amount is limited: per m² and month to at most 0,33 percent of the difference between the basic cost share underlying the Richtwert and the basic cost share usual for that location [S1].
A special rule concerns so-called Gründerzeitviertel: areas whose building stock was predominantly erected between 1870 and 1917 and which at the time mainly comprised small, poorly equipped flats are regarded at most as average [S2]. That excludes a location supplement there.
Only for Vienna: The city publishes a guideline on location supplements as well as on further increases and reductions, which is mainly used in proceedings before the Wiener Schlichtungsstelle; courts are not bound by it [S6]. In the other federal states you should inquire with a tenants' advice service or the Arbeiterkammer; in case of dispute each flat is assessed individually.
Fixed-term reduction and a calculation example
For a fixed-term main tenancy agreement the maximum permissible main rent is reduced by 25 percent [S1]. The reduction does not depend on the duration of the contract. For residential tenancy agreements that are fixed-term or extended from 1 January 2026, a minimum term of five years applies if the landlord is an entrepreneur, otherwise three years [S7].
Fictitious example (Vienna, contract signed May 2026): A 60 m² flat of category A, third floor with lift, balcony, well-maintained building, location surcharge justified in writing. Assuming all surcharges and deductions together amount to +€0,60 per m²:
- Reference value Vienna €6,74 + €0,60 = €7,34 per m²
- €7,34 × 60 m² = €440,40 main rent for an open-ended contract
- fixed-term: €440,40 − 25% = €330,30
The surcharge sum is assumed freely; the actual amount always depends on the individual flat. Operating costs and VAT are added in both cases.
If your agreed main rent is significantly above such a calculation or a location surcharge was not justified in writing, a review by a court or conciliation board may be advisable. The deadlines for this are tight; if in doubt have your contract examined by a tenants' advice service or the Arbeiterkammer.