BUY

What are the incidental costs of buying a property or land?

Some additional costs are incurred during the purchase. The percentage amounts always refer to the purchase price.

  • Real estate transfer tax 3.5%

  • Land register entry fee 1.1%

  • Broker commission 3% + 20% VAT

  • Preparation of contract 1-2% + 20% VAT (depending on notary/lawyer)

if applicable, in the case of bank financing/building saving loans:

  • Lien registration 1.2% (or ranking 0.6%)

  • Intermediation commission/bank processing fee 1.5-3%.

Where can I get a housing subsidy?

For more information on housing subsidies and financing, please visit our financing page.

RENT

What does a lease in Austria cover?

The owner of e.g. a flat (= landlord) lets the flat to the tenant for an agreed amount, usually to be paid monthly. In addition to the landlord, the tenant must also comply with some points:

  • Careful treatment of the rented object, as well as the general parts of the house

  • Respectful behaviour towards other residents in the same building

  • Compliance with the house rules

  • Punctual payment of rent

Does the lease have to be in writing?

In principle, the rental agreement can also be concluded verbally. For a time limit, however, the written form is required. For reasons of proof, a written rental agreement should always be made for your own security.

Can the landlord demand that all walls be painted white when I move out?

If walls have been heavily painted during the rental period with the condition that the original condition is restored upon return, the tenant is obliged to restore this. However, the tenant cannot be held liable for ordinary wear and tear.

In the case of detached houses or buildings where the MRG is not applicable, the landlord is responsible for all maintenance measures, including painting, unless otherwise agreed.

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What must be included in the lease?

For a valid contract to be formed, it must contain the following:

  • Rent

  • Operating costs

  • Right to index adjustment

  • House rules

  • Payment method and deadline

  • Deposit amount

  • Exact address of the object and associated premises (e.g. cellar)

Special agreements must also be recorded.

What is the difference between a fixed-term lease and an open-ended lease?

As the name suggests, the difference lies in the period of the time limit. However, this gives rise to several consequences. A fixed-term tenancy agreement for apartments must be for at least 3 years. Furthermore, a fixed-term lease is automatically renewed for 3 years if the end date is not claimed by either party. If no action is taken again after these 3 years, the lease automatically becomes an open-ended lease.

How much may the landlord charge for operating costs?

The landlord may not charge too much for operating costs. These must be divided according to a regulated distribution key. The tenant can demand to see the operating costs statement if he considers the costs to be too high. In addition, the landlord is obliged to make the statement for the previous year available to the tenants for inspection once a year.

Can the landlord prohibit the keeping of pets?

The landlord may prohibit the keeping of larger pets (e.g. dogs and cats). According to the OGH ruling, the keeping of small animals (e.g. hamsters, guinea pigs, etc.) cannot be prohibited.

SUBMIT

What is subletting?

Whether there is a master lease or a sublease depends on the legal status of the landlord.
Examples:

  • the landlord is the owner of the apartment - then it is a master lease agreement

  • the landlord is the main tenant of the apartment - then it is a sublease agreement

As a tenant, can I simply sublet?

Subletting can be excluded in the tenancy agreement. In the full scope of the MRG such an exclusion is not allowed. However, only if the actual main tenant also lives in the apartment.

What happens if the master tenant terminates his master lease?

In this case, the subtenant must move out of the apartment at the same time as the main tenant. Therefore, it is always advisable to conclude a master lease.

What do you have to consider when signing a sublease?

There is not much difference between a sublease and a master lease. The contract must contain just as certain points:

  • Name of the two contracting parties

  • Representation of the apartment

  • Sublease and deposit

  • Notice periods

In principle, it is recommended that the more precise and detailed the contract, the safer this is for possible disputes. Liability in the event of damage should also be regulated.

Templates for sublease agreements can be downloaded free of charge from the Tenants' Association or the Chamber of Labour.

As a tenant, how much am I allowed to charge a subtenant?

If the main tenant adds more than 50% to the main rent (excluding BK), the landlord can terminate the main tenant.

CANCEL A LEASE

LEASE AGREEMENT
CANCEL

Can I terminate my fixed-term lease early?

After the expiry of one year, the tenant may terminate the lease in writing at any time in the 13th month, subject to a 3-month notice period.

Earlier termination by mutual agreement with the landlord is possible at any time.

Can the landlord just terminate my lease?

No, within the scope of application of the MRG the tenant is protected to the extent that an early termination of the lease by the landlord is only possible under severe provisions. A reason would be e.g. if the tenant threatens the life of other tenants in the house or if the tenant refuses to pay the rent.