Housing in Austria
Tenants' rights in Austria depend mainly on the Tenancy Act (Mietrechtsgesetz, MRG), but not every flat falls under it in full. Alongside private rentals, there are two large non-profit sectors: council flats (Gemeindewohnungen), owned by municipalities, and limited-profit housing (Genossenschaftswohnungen) built by non-profit housing associations. Housing allowances are run by the Länder; the examples below are from Vienna. Whatever you rent, register your address within 3 days of moving in.
Renting privately
- How much the MRG applies: in full (with rent limits and protection against termination) mainly to flats in buildings with at least 3 units built before 9 May 1945 and not owned as condominiums. Partly (protection against termination, no rent limits) mainly to unsubsidised new buildings and condominium flats. Not at all, for example, to contracts signed after 31 December 2001 in a house with at most 2 units owned by the landlord or a close relative.
- Rent is made up of the net rent, a share of the building's operating costs (Betriebskosten) and 10% VAT.
- Fixed-term contracts: under the MRG, at least 5 years (3 years if the landlord is a private person, not a business). After the first year, you may end the contract at the end of any month with 3 months' notice. Open-ended contracts can usually be ended with 1 month's notice.
- Deposit (Kaution): the amount is agreed, usually 3 months' gross rent; up to 6 is allowed. The landlord must invest it safely and return it with interest, minus damage beyond normal wear.
- Agent's fee: since 1 July 2023 the person who hires the estate agent pays the fee (Bestellerprinzip), usually the landlord. Payments only for handing over a flat (Ablöse) and contract-drafting fees are not allowed in flats fully under the MRG.
Social and limited-profit housing
- Council flats: municipalities set their own rules. Usual conditions are Austrian or Swiss citizenship or the "Daueraufenthalt EU" (long-term resident) permit, a minimum period of main residence, and an income limit. Vienna requires at least 2 years of main residence in the city and a Wiener Wohn-Ticket, issued by the Wohnberatung Wien.
- Limited-profit flats: you usually register for a flat under construction and pay a one-off financing contribution. It is repaid when you leave, minus 1% a year.
Housing allowance
Vienna's Wohnbeihilfe helps tenants whose housing costs are too high compared with their income. You must live and have your main residence in Vienna, rent the flat (not from a relative), and have a household income between the legal minimum and maximum. You cannot receive it together with minimum income support. Third-country nationals qualify after 5 years of actual and lawful residence in Austria. You can apply only for a flat you already live in.
Common pitfalls for newcomers
- Document the flat's condition with photos and a handover record when you move in and out. This protects your deposit.
- Do not pay a "key money" Ablöse just to get a flat. Unlawful payments can be reclaimed for up to 10 years.
- Notice must be given in writing with a signature. A simple email is not valid.
- Before you sign, ask a tenant advice centre whether the MRG applies.
Official guidance: oesterreich.gv.at: private rentals, oesterreich.gv.at: deposit, oesterreich.gv.at: council flats, Vienna: housing allowance, Vienna: council flats