Renting in Austria: the rules

Leases are governed by the Allgemeines bürgerliches Gesetzbuch (ABGB, Civil Code) and, for most flats in apartment buildings, the Mietrechtsgesetz (MRG). The first question is which level of the MRG applies (§ 1 MRG). Vollanwendung (full application) covers most flats in buildings with more than two units whose building permit was granted before 1 July 1953, rented condominium flats in buildings permitted before 9 May 1945, and publicly subsidised rental buildings such as municipal housing. Teilanwendung (partial application) covers unsubsidised buildings permitted after 30 June 1953, condominium flats in buildings permitted after 8 May 1945, and attic flats permitted after 2001: here the rules on fixed terms, notice and deposits apply, but not rent control. Outside the MRG altogether are houses with no more than two units, holiday homes, service flats, student and similar halls, and short work-related second homes of up to six months. Those leases follow only the ABGB and the contract. Genossenschaftswohnungen (non-profit housing association flats) have their own law, the WGG, with cost-based rents. The Arbeiterkammer (AK, Chamber of Labour) calls these levels Type III, II and I. As of 2026-10.

A lease can be open-ended or befristet (fixed-term). Under the MRG a fixed term is only enforceable if it is agreed in writing and lasts at least five years, or three years if the landlord is not a business (Unternehmer) under consumer protection law (§ 29(1) no. 3 MRG). The five-year minimum was introduced by the 5th Rent Inflation Relief Act (5. MILG, BGBl. I No. 114/2025) for leases signed or renewed from 1 January 2026; earlier fixed terms keep the old three-year rule (§ 49k(4)). According to the consumer ministry's portal, a landlord letting around five or more flats, a property company, a municipality or the owner of an apartment building with a property manager counts as a business. The landlord has to prove they are not one. A term that is too short, or not in writing, makes the lease open-ended. There is no maximum length, and renewals must also be written and meet the same minimum.

Outside the MRG, for example a flat in a two-unit house, there is no minimum term, and the tenant cannot leave a fixed-term lease early unless the contract allows it (AK). Stamp duty on residential leases was abolished for contracts signed from 11 November 2017. In buildings under full MRG application the landlord may not charge a contract-drafting fee (AK). A signed Mietanbot (offer to rent) becomes binding as soon as the landlord accepts it, so read it as carefully as the lease.

There is no statutory cap. The Kaution (deposit) is whatever the contract says. Three Bruttomonatsmieten (gross monthly rents: net rent plus operating costs plus 10% VAT) is usual, up to six is generally accepted, and more is only allowed where the landlord has a special need for security, for example high rent, a furnished flat or doubts about the tenant's means (oesterreich.gv.at). The deposit is often paid in cash, as a savings book handed over or as a bank guarantee. Get a written receipt for a cash deposit, because you must be able to prove you paid it. As of 2026-10.

Under full and partial MRG application, a cash deposit must be put in a savings book or an equally safe, interest-bearing investment that is kept apart from the landlord's own assets and protected if they go insolvent. On request, the landlord must tell you in writing how it is held (§ 16b MRG). At the end of the tenancy the deposit plus interest must be returned unverzüglich (without undue delay), less only justified claims from the tenancy. Ordinary wear and tear is covered by the rent: faded paint, scratches on parquet and drill holes are not grounds to keep the deposit. Where you did cause damage, you only pay the item's remaining value, not the cost of a new one (AK).

For MRG flats, the Tenancy Act puts disputes over the amount to be returned in the special non-contentious procedure (§ 37(1) no. 8b MRG), so in a municipality with a Schlichtungsstelle (arbitration board, see Disputes) the claim starts there, free of charge. Otherwise, and for flats outside the MRG, you go to the Bezirksgericht (district court). A deposit claim is subject to the long limitation period, but evidence fades, so claim quickly (Mieterschutzverband). Photos and a handover protocol at move-in and move-out are the best protection. Do not sign a move-out protocol that admits damage or waives other claims.

Rent control only applies under full MRG application. For most flats in category A to C in buildings permitted before 9 May 1945, the Hauptmietzins (net rent, before operating costs and VAT) may not exceed the Richtwertmietzins (§ 16(2)–(4) MRG). This starts from the Richtwert (reference value per m² for each federal state), plus or minus fixed surcharges and deductions for floor, lift, balcony, fittings and so on. A Lagezuschlag (location surcharge) is only allowed if the location is better than average and the reasons were given to the tenant in writing before signing. From 1 April 2026 the Richtwerte per m² per month are: Burgenland €6.15, Carinthia €7.89, Lower Austria €6.92, Upper Austria €7.30, Salzburg €9.31, Styria €9.30, Tyrol €8.22, Vorarlberg €10.35, Vienna €6.74 (Mietervereinigung, ÖVI, as of 2026-04). Category rents apply to substandard category D flats, among others: from 1 April 2026, €4.51 for A, €3.38 for B, €2.25 for C and usable D, and €1.13 for unusable D. Some exceptions, such as buildings permitted between 1945 and 1953 or listed buildings restored with the owner's own money, allow an angemessener Mietzins (appropriate market-level rent) instead.

For a fixed-term lease under full application, the maximum rent is 25% lower (Befristungsabschlag, § 16(7)). An agreed rent above the legal maximum is void for the excess. The tenant can have it checked at the Schlichtungsstelle or the court within three years of signing. For a fixed-term lease the deadline runs until at least six months after the tenancy ends or becomes open-ended, with an outer limit of ten years (§ 16(8)). Excess payments can be reclaimed with interest. Under partial application and outside the MRG, the starting rent is freely agreed. Ablöse (key money) paid to the landlord or previous tenant without equivalent value in return is void and can be reclaimed for ten years (§ 27).

Indexation has been capped since 1 January 2026 by the Mieten-Wertsicherungsgesetz (MieWeG, Rent Indexation Act), which covers main tenancies and sublets of flats under full and partial MRG application, including existing leases. It does not cover one- and two-family houses, non-profit association flats with cost-based rent, or subsidised flats while the subsidy runs. An index clause may raise the rent only once a year, on 1 April, by the previous year's average CPI change, and the first increase is pro rata to the months since signing, so a lease signed in 2026 cannot rise before April 2027. Under partial application, inflation above 3% only counts half (4% inflation allows 3.5%). Under full application the cap is tighter: at most 1% on 1 April 2026 and 2% on 1 April 2027, and the same half-above-3% rule from April 2028. The Richtwerte and category amounts themselves follow the same 1% and 2% caps in 2026 and 2027 (5. MILG). Under full application the landlord must also request an index increase in writing at least 14 days before it applies (§ 16(9)); a later request takes effect from a later rent date. Operating costs are not covered by the brake. In flux as of 2026-10: test cases on whether common index clauses are valid are still before the courts, and a law in force since 1 January 2026 limits how far back a tenant can reclaim increases paid under an invalid clause (AK). Reference and category rents change every 1 April, so the values above apply from 1 April 2026 to 31 March 2027. A working group of the three coalition parties started on a broader Wohnrechtsnovelle (housing law reform) in early 2026 (Der Standard, 13 March 2026); we found no published draft.

Under full and partial MRG application, the landlord can only end a lease for an important reason listed in § 30 MRG, and only through the court (gerichtliche Aufkündigung, § 33). The court checks the reason if the tenant objects. Reasons include rent arrears of at least eight days after a reminder, seriously damaging use or grossly offensive behaviour, not using the flat, passing the whole flat on or subletting it at an excessive rent, urgent own need of the landlord or their children or grandchildren (strictly tested), and demolition with replacement housing. A tenant given notice for arrears keeps the flat if they pay before the end of the first-instance hearing and were not grossly at fault, but must pay the costs (§ 33(2)). Only a court can order an eviction. As of 2026-10.

A tenant can give notice in writing with a handwritten signature; email is not enough, and registered post with return receipt is advisable (oesterreich.gv.at). For an open-ended lease the notice period is usually one month, ending on the last day of a month, unless the contract says otherwise. In a fixed-term MRG lease, the tenant has a right that cannot be waived to leave after the first year with three months' notice to the end of a month (§ 29(2)). The earliest possible end is therefore the end of the 16th month.

A fixed-term lease ends on the agreed date. If it is neither renewed nor ended, it is renewed once by law, for five years or three years for a private landlord, and the tenant can leave at any time with three months' notice. If it runs past that renewal as well, it becomes open-ended (§ 29(3)). Outside the MRG there is no protection against notice. An open-ended lease can be ended by either side with the contractual or statutory notice period and no reason, and a fixed term binds both sides unless the contract allows early exit.

Under the MRG the landlord maintains the common parts of the building, fixes serious damage and health hazards inside the flat, and must hand over a flat let for rent in a usable condition (§ 3 MRG). Since 2015 the landlord also repairs or replaces a rented gas boiler, water heater or heat pump, under both full and partial application. Annual servicing can be passed to the tenant by contract (oesterreich.gv.at). The tenant looks after the flat and its installations and must report serious damage at once (§ 8). For any lease, if a defect reduces use of the flat (heating failure, no hot water, mould, heavy building noise), the whole gross rent is reduced by law for as long as it lasts (AK). A standard-form clause requiring you to repaint when moving out is, according to current case law, generally void. Without a valid clause you only repaint walls that are excessively worn or painted in an unusual colour (AK).

Listings quote a gross rent made up of Hauptmietzins (net rent), Betriebskosten (operating costs) and 10% VAT, with heating often extra. Under full application, operating costs are limited to the list in § 21 MRG: water, waste, chimney sweeping, lighting and cleaning of common parts, building insurance, property tax and a management fee, set at €4.51 per m² per year from April 2026. The landlord charges a flat monthly amount and must produce the annual statement by 30 June of the following year, display it in the building and let main tenants inspect the receipts. Any credit is repaid by the second following rent date (§ 21(3)). Under partial application, which costs are passed on depends on the contract, so check what is included. As of 2026-10.

Agency fees follow the Bestellerprinzip (whoever orders pays) since 1 July 2023: you only pay an agent you instructed yourself to search for you. If you do, the cap is two gross monthly rents plus 20% VAT for an open-ended lease or a term over three years, or one month for a term of up to three years. It is halved when the agent also manages the building, and the agent gets nothing if they are the landlord or have an undisclosed close link to the landlord (AK). Electricity, gas, internet and contents insurance are the tenant's own contracts.

Anyone who takes up residence in a home must register with the local Meldebehörde (registration office) within three days of moving in (§ 3 Meldegesetz). In Vienna you can use any Meldeservice office, whichever district you live in. You cannot register before you move in, and registration is free (wien.gv.at). You submit a Meldezettel (registration form) signed by you and by the Unterkunftgeber (accommodation provider), with photo ID and a birth certificate or similar document showing your personal details. For a main tenant, the owner or the property manager signs as Unterkunftgeber. For subtenants and flatmates, the main tenant signs. The provider must sign for anyone who has really moved in, and must refuse to sign for someone who has not (§ 8 MeldeG). Fines (§ 22 MeldeG): failing to register, up to €726 (€2,180 for a repeat offence); a provider who fails to sign, up to €360; arranging a sham registration for money, up to €1,500. As of 2026-10.

The Meldezettel and the registration confirmation (Meldebestätigung) are needed for banks, residence matters, health insurance, schools and many official procedures. An offer of a flat where you are told you cannot register is a red flag. Landlords and agents typically ask for ID, payslips or an employment contract, and sometimes a credit report. Before you sign, the landlord or agent must show you an Energieausweis (energy performance certificate, see For landlords). Apart from municipal housing, which has its own residence and income rules set by the city, there is no national housing ID or entitlement certificate.

Under full MRG application, a contractual ban on Untervermietung (subletting) only binds if the landlord has an important reason against it, in particular: the whole flat is to be sublet, the sublet rent is disproportionately high, there would be more occupants than rooms, or the subtenant is likely to disturb the peace of the building (§ 11 MRG). Subletting part of your flat is therefore normally possible. Under partial application this protection does not exist, so a ban in the contract can be enforced. Under any MRG level, the landlord can end the main lease if you pass on the whole flat, sublet at a disproportionate price or no longer use the flat as your home (§ 30(2) nos. 4 and 6). As of 2026-10.

Under full application, the rent for subletting a whole flat may be at most 50% above the main rent the main tenant is lawfully paying, plus passed-on operating costs and VAT, with allowance for the main tenant's improvements. A partial sublet must be proportionate. A fixed-term sublet carries the same 25% reduction, and an overcharge can be challenged within the same deadlines as the main rent (§ 26). Fixed-term sublets are also bound by the five- or three-year minimum term. A subtenant's position ends when the main lease ends. Many offers on the market are informal sublets or room shares, so ask who the main tenant is and whether the owner knows, and make sure the main tenant will sign your Meldezettel.

Letting a flat needs no licence or registration. The landlord must show prospective tenants an Energieausweis (energy certificate) no more than ten years old before they sign, and hand over a copy within 14 days of signing. Adverts must state the heating demand (HWB) and the overall energy-efficiency factor (fGEE). Breaches can be fined up to €1,450 (Energieausweis-Vorlage-Gesetz 2012, §§ 3–4, 9). Under the MRG the landlord must invest the deposit separately (§ 16b), keep to the rent cap under full application, disclose any Lagezuschlag in writing, apply index clauses only as the MieWeG allows, settle operating costs by 30 June, and give notice only through the court with a legal reason. A landlord who instructs an agent pays the agent. As of 2026-10.

Rental income is taxed as Einkünfte aus Vermietung und Verpachtung (income from letting) at progressive income tax rates. In 2026 the first €13,539 is tax-free, then 20%, 30%, 40%, 48% and 50%, with 55% above €1 million (USP, as of 2026-01). Buildings (not land) are depreciated at 1.5% a year, or up to 2% without an expert report for rental buildings built before 1915. For buildings bought or built from 1 July 2020, up to 4.5% can be claimed in the first year and 3% in the second. Residential buildings completed in 2024–2026 that meet the klimaaktiv Bronze standard can claim 4.5% for three years (BMF). Residential lettings carry 10% VAT, and garages, parking and lets of up to 14 days carry 20% (BMF). Landlords whose total turnover stays under €55,000 a year are exempt from VAT under the small-business rule, but cannot reclaim input VAT (USP, since 2025). Check your own case with the tax office or an adviser.

Short-term tourist letting through platforms is taxable letting income (BMF) and is regulated by the federal states and cities through building, tourism-tax and registration rules. Vienna, for example, has allowed short-term letting of a flat for more than 90 days a year only with a time-limited permit since 1 July 2024, and almost never in protected residential zones (Wohnzonen). Owners of a condominium flat also need the consent of the other owners (City of Vienna, MA 37). In Tyrol, a Freizeitwohnsitz (holiday home, used only for holidays or weekends) is allowed only if it was registered as one between 1994 and 1998 or the zoning plan expressly allows new ones. Holiday flats let short-term to changing guests do not count as holiday homes in a building with at most three flats and twelve beds, and in buildings permitted after 1 February 1996 only if the landlord has their main residence there (§ 13 Tiroler Raumordnungsgesetz 2022, as last amended by LGBl. 51/2026, in force since 7 July 2026). Under the Tiroler Aufenthaltsabgabegesetz every host must register a tourist let first with the municipality (in Innsbruck the city) and then with the tourism board, with fines of up to €5,000 since 2019 (Innsbruck Tourismus). Since 1 January 2026 the Tiroler Freizeitwohnsitz- und Leerstandsabgabegesetz (TFLAG, amended by LGBl. 38/2025) lets municipalities charge a monthly Leerstandsabgabe (vacancy levy) on flats with no main-residence registration for six months in a row, of up to 30% of base rent values per m² set by the state, with exemptions such as homes used for work or study or flats that could not be let at the local rent despite efforts; Innsbruck charges the full 30%. Registered holiday homes pay a yearly Freizeitwohnsitzabgabe (second-home levy) set by each municipality, in Innsbruck €309 to €2,788 by floor area from 2026 (City of Innsbruck ordinances of 12 December 2025). Check the rules in your state and city before letting to tourists.

Disputes about MRG matters listed in § 37 MRG go through a special non-contentious procedure. Examples are the permitted rent, the operating-cost statement, the sublet rent, repairs and the amount of deposit to be returned. In the ten municipalities with a wohnrechtliche Schlichtungsstelle (housing arbitration board), the case must start there, and proceedings are free (§ 39 MRG). As of the Court of Audit's 2022 report these were Vienna, Graz, Linz, Salzburg, Innsbruck, Klagenfurt, Leoben, Neunkirchen, St. Pölten and Stockerau. A party who disagrees with the board's decision can take the case to the Bezirksgericht (district court). Everywhere else these cases go straight to the district court. Notice, eviction and claims for flats outside the MRG are ordinary court cases at the district court, where the losing side generally pays costs. As of 2026-10.

Tenants' associations give advice and represent members at the arbitration board and in court: the Mietervereinigung Österreichs, the Mieterschutzverband Österreich and, in Vienna, the Mieterschutz Wien association, among others. Membership is an annual fee with a joining fee and a minimum term (two calendar years at the Mietervereinigung, three in Upper Austria). Court costs and out-of-pocket expenses are not included. The Arbeiterkammer (Chamber of Labour) gives free tenancy advice to its members, who are most employees in Austria, and publishes model letters and a broker-fee calculator. The federal portal oesterreich.gv.at and the consumer ministry's konsumentenfragen.at explain the rules in plain German. Landlords and agents have their own associations, such as the ÖVI (real estate industry association).