Tenant rights in Austria, rent limits, fixed terms and deposits

The Chamber of Labour (Arbeiterkammer, AK) explains three types:

• Type I – the MRG does not apply, for example single- and two-family houses rented after 31 December 2001, holiday flats and flats that come with a job. The landlord can terminate an open-ended lease without giving reasons; read the contract carefully.
• Type II – the MRG applies partly, for example flats in privately financed buildings constructed after 30 June 1953. Here the MRG rules on deposits, fixed terms, protection against termination and the right of close relatives to take over the lease apply, but there is no legal cap on the rent.
• Type III – the MRG applies fully, for example flats in buildings constructed before 1 July 1953 and subsidised new buildings. Here the rent is limited.

Cooperative flats (Genossenschaftswohnungen) follow their own law. Whether you are a main tenant (Hauptmieter) or a subtenant (Untermieter) also matters: subtenants usually have far fewer rights, and the sublease depends on the main lease.

In flats fully covered by the MRG, the basic rent for most leases is limited by the reference value (Richtwert) for the province, plus or minus surcharges and deductions for location and features. For Vienna the reference value is €6.74 per m² from 1 April 2026 (previously €6.67). For fixed-term leases in this category the law provides a 25% deduction on the maximum permitted rent.

A rent brake limits indexation increases: for flats under the MRG, an increase based on an indexation clause is allowed at most once a year and not before April. For reference-value and category rents the increase was capped at 1% in 2026 and is capped at 2% in 2027; from 2028, inflation above 3% will only count half. Operating costs are not covered by the brake.

If you think the basic rent in a fully covered flat is too high, you can apply to the Vienna conciliation office for housing matters (Schlichtungsstelle für wohnrechtliche Angelegenheiten, MA 50) at Muthgasse 62, 1190 Wien. It is an authority, not an interest group, and the application is free of charge. Main tenants can apply online or in writing; subtenants cannot use this procedure. For open-ended leases you must apply within three years of signing the lease; for fixed-term leases the deadline ends at the earliest six months after the tenancy ends or becomes open-ended. You need proof of identity and a copy of the lease. The office also reviews operating-cost and heating-cost statements.

Free advice before you apply: MieterHilfe (city of Vienna) on 01 4000-8000, and for employees the Arbeiterkammer Wien, whose housing law hotline is 01 501 65 1345.

In Type II and III tenancies a fixed term is only valid if agreed in writing. For leases concluded since 1 January 2026, the minimum term is five years, or three years if the landlord is not a business under consumer protection law. There is no maximum. Each fixed-term renewal must also meet the minimum.

After the first year of the term, you as tenant have a right that cannot be waived to give notice at the end of any month with three months' notice; the earliest end is after 16 months. If the term simply runs out without renewal or notice, the lease is renewed once automatically for the minimum term. A landlord who wants to end a fixed term early has to go to court. Open-ended leases can be terminated by the tenant with one month's notice to the end of a month.

The deposit (Kaution) secures the landlord's future claims from the tenancy. If you pay it in cash, the landlord must invest it in an interest-bearing savings account and tell you in writing on request. When the lease ends, the landlord must repay it promptly with interest, minus amounts needed for justified claims such as damage beyond normal wear. Disputes about the amount can be taken to the conciliation office or the court.

Since 1 July 2023 tenants pay a broker's commission only if they commissioned the broker themselves (Bestellerprinzip). If you do owe commission, it is capped at two gross monthly rents for open-ended leases or leases longer than three years, and one gross monthly rent for fixed terms up to three years, plus 20% VAT; heating costs never count towards the calculation.

House rules (Hausordnung) set quiet hours and the use of shared spaces. In Vienna's municipal housing, for example, the quiet hours are 22:00 to 6:00 every day, and the main tenant is liable for breaches by household members and visitors. If neighbour conflicts arise in a Gemeindebau, the city's service wohnpartner helps with mediation.