Austrian tenancy legislation is considered one of the most tenant-friendly in Europe. The Mietrechtsgesetz (MRG) — the Tenancy Act, adopted back in 1981 and updated numerous times — provides residents with a powerful set of rights: from protection against arbitrary eviction to rent control. For people renting housing in Vienna, understanding these rights is critically important, as it allows you to avoid overpaying, protect yourself from unscrupulous landlords, and feel confident in your new home. In 2026, significant changes came into effect — the so-called Mietpreisbremse, which further limits rent increases.
This guide will help you understand what rights you have as a tenant and how to use them effectively.
Which Apartments Fall Under MRG
Before looking at specific rights, it is important to understand whether your apartment falls under the Tenancy Act.
The MRG has three levels of application:
- full application (Vollanwendungsbereich)
- partial application (Teilanwendungsbereich)
- full exemption (Vollausnahme).
The law applies in full to buildings constructed before 1 July 1953 — these are the classic Viennese Altbau buildings — as well as to social housing (Gemeindewohnungen) and cooperative apartments (Genossenschaftswohnungen). You can check the year of construction and the legal status of the apartment in the Grundbuch (land register). It is precisely in these cases that the tenant receives maximum protection: regulated rent under the Richtwertmietzins system, strict eviction protection, and the right to have the rent amount reviewed.
The partial application of MRG extends to new buildings constructed after 1953 without state funding — for example, modern residential complexes in the 22nd district of Donaustadt or the 21st district of Floridsdorf. Here, eviction protection and rules regarding contract terms apply, but the rent is set freely (freier Mietzins). Fully exempt from the MRG are single- and two-family houses (Ein- und Zweifamilienhäuser), service housing, short-term rentals, and certain other categories. If you rent an apartment in such a building under a contract concluded after 2001, your rights are governed by the General Civil Code (ABGB), which provides significantly less protection.
MRG Application Scope:
| Application Type | Which Buildings | Tenant Rights |
| Vollanwendung (full) | Altbau (pre-1953), Gemeindewohnungen, cooperatives | Full protection: Richtwertmietzins, eviction protection, rent review |
| Teilanwendung (partial) | Neubau (post-1953) without state funding | Eviction protection, term rules, free rent |
| Vollausnahme (exemption) | Single/two-family houses, service housing | Minimal protection under ABGB, free contract terms |
Eviction Protection: When Can the Landlord Terminate the Contract
One of the most important aspects of MRG is the Kündigungsschutz, that is, eviction protection. Under the full and partial application of the law, the landlord cannot simply terminate the contract: a valid reason as defined in § 30 MRG and a court decision are required. The legal grounds for eviction include:
- Systematic non-payment of rent (qualifizierter Mietzinsrückstand) — arrears that have not been settled despite a written warning by the next payment deadline. A one-time payment delay is not grounds for eviction.
- Substantial harmful use (erheblich nachteiliger Gebrauch) — illegal renovation without permission, systematic disturbance of neighbours, property damage, or use of the apartment for purposes other than intended.
- Illegal subletting — subletting the apartment or part of it without written consent of the owner, or subletting at excessive profit (more than 50% above one’s own rent).
- Landlord’s own need (Eigenbedarf) — if the owner or their close relatives urgently need the housing. This ground is subject to strict judicial review and is frequently rejected.
- Non-use of the apartment — if the tenant does not live in the apartment and has no intention of returning, while having no legitimate interest in maintaining the contract.
Important to understand: even when legal grounds exist, the landlord is obliged to file a court eviction claim (gerichtliche Kündigung). They have no right to simply change the locks or demand immediate vacating of the apartment — this would constitute unlawful self-help. Court proceedings can last several months, and during this time the tenant has the right to remain in the housing. Moreover, the court may grant an additional eviction deadline (Räumungsfrist) if the tenant proves they need time to find new housing.
Read more about concluding and terminating contracts in our article on the specifics of rental contracts in Austria.
Additional Tenant Rights Under MRG
In addition to eviction protection and rent control, MRG grants tenants a number of additional rights worth knowing about:
- Right to verify Betriebskosten — the tenant has the right to request a detailed breakdown of operating costs and verify their legitimacy within 3 years. The landlord is obliged to provide an annual report by 30 June.
- Right of entry into the contract by relatives (Eintrittsrecht) — in the event of the tenant’s death or departure, close relatives (spouse, children, parents who lived together) have the right to continue the contract under the same conditions.
- Right to sublet (Untervermietung) — with the landlord’s consent, the tenant may sublet part of the apartment. Refusal is only possible for substantial reasons, for example in cases of overcrowding.
- Right to compensation for improvements (Investitionsersatz) — upon moving out, the tenant may claim partial compensation for substantial improvements to the apartment (new bathroom, kitchen, flooring) if they increased its value.
- Right to review the rent amount — within 3 years of concluding the contract, the tenant may apply to the Schlichtungsstelle to verify the legality of the Richtwertmietzins.
- Right to receive the Energieausweis — the landlord is obliged to provide an energy certificate when concluding the contract. A fine of up to 1,450 euros is imposed for its absence.
Rent Control and Mietpreisbremse 2026
Under the full application of MRG, rent is regulated by the Richtwertmietzins system — a base rate established for each federal province and adjusted depending on the condition of the apartment. As of 2025, the Richtwert for Vienna is 6.67 euros per square metre net, to which surcharges (Zuschläge) are added for special features: central heating, lift, balcony, upper floor, etc. — and deductions (Abschläge) are subtracted for deficiencies, for example the absence of a private bathroom. For fixed-term contracts, a mandatory 25% discount from the calculated rate is provided. We wrote more about rent formation in Vienna in a separate article.
From 1 January 2026, the so-called Mietpreisbremse came into effect in Austria — a system limiting rent indexation. Under the 5th Mietrechtliches Inflationslinderungsgesetz, rent increases are now possible only once a year and no earlier than 1 April. For apartments under the full application of MRG, strict limits are set: in 2026 — a maximum of 1%, in 2027 — a maximum of 2%.
Starting from 2028, the formula “3% plus half the excess” applies: if inflation is 6%, rent may only increase by 4.5% (3% + half of 3%). These rules also apply to apartments with free rent (freier Mietzins), which is an unprecedented step in Austrian legislation.
Rent Indexation Limits 2026–2028:
| Year | Full Application (Altbau) | Partial Application (Neubau) |
| 2025 | Frozen (0%) | As per contract |
| 2026 (from 1 April) | Max. 1% | Max. 3% + 50% above |
| 2027 (from 1 April) | Max. 2% | Max. 3% + 50% above |
| 2028+ | Max. 3% + 50% above | Max. 3% + 50% above |
Right to Repairs and Landlord’s Obligations
Under § 3 MRG, the landlord bears responsibility for maintaining the housing in proper condition. Their obligations include the repair of common parts of the building (roof, facade, stairwells, lift), elimination of serious damage inside the apartment (problems with plumbing, gas, electricity), as well as the repair or replacement of fixtures included with the rental — in particular, heating appliances.
The latter was definitively regulated by the Wohnrechtsnovelle 2015: since then, the repair and replacement of the boiler, water heater, or other heating equipment that was in the apartment at the time of concluding the contract is the landlord’s obligation. Any contractual clauses transferring this obligation to the tenant are invalid. This information is particularly relevant for residents of old Altbau buildings, where equipment frequently requires replacement.
At the same time, the tenant is responsible for minor routine repairs and regular maintenance (Wartung). For example, the annual servicing of the boiler is the tenant’s obligation, while replacing a faulty heat exchanger is the landlord’s responsibility. If the landlord refuses to fulfil their obligations, the tenant has the right to apply to the Schlichtungsstelle (conciliation board in Vienna) or directly to the court. In urgent cases — for example, if the boiler breaks down in winter — the tenant may commission the repair independently and claim reimbursement from the owner.
Read more about property insurance that can cover unforeseen expenses in a separate article.
Right to Rent Reduction for Defects
If the apartment has substantial defects that limit the possibility of its use, the tenant has a legal right to Mietzinsminderung — a reduction of rent proportional to the degree of limitation. This right is established in § 1096 ABGB and applies to all types of rental, regardless of whether the apartment falls under the MRG. Grounds for reduction may include: absence of heating or hot water, plumbing damage, mould on the walls (if it was not caused by improper ventilation by the tenant), prolonged renovation with heavy noise, a non-functioning lift, etc. The amount of reduction is determined individually and may range from 5% to 100% depending on the severity of the problem.
Approximate Mietzinsminderung Amounts (based on court practice):
| Problem | Reduction |
| Mould with plaster peeling | up to 100% |
| Absence of electricity and water for extended period | 80% |
| Faulty boiler in winter (no heating) | up to 50% |
| Non-functioning shower / bathtub | 20% |
| Construction noise from neighbouring building site | 5–25% |
| Non-functioning lift in building over 4 floors | 5–10% |
Important: to exercise this right, the tenant must immediately notify the landlord in writing about the defect, document it with photographs, and continue paying rent “under reservation” (unter Vorbehalt), noting this in the payment reference. Unauthorised reduction of payments without proper procedure may lead to accusations of rent arrears. More information about your rights is available from the Arbeiterkammer.
Practical Example: How Maria Protected Her Rights
Maria Petrenko rents a two-room apartment of 55 m² in the 7th district of Vienna (Neubau). The building was constructed in 1912, meaning the apartment falls under the full application of MRG. The contract states a rent of 750 euros per month (net), which is approximately 13.6 euros per square metre. Maria decided to check whether this amount complied with the legal limits.
The base Richtwert for Vienna is 6.67 €/m². The apartment has central heating (+0.80 €/m²), is located on the 3rd floor with a lift (+0.50 €/m²), has parquet flooring and a renovated bathroom (+1.00 €/m²), but the contract is fixed-term for 3 years (−25% from the amount). Calculation: (6.67 + 0.80 + 0.50 + 1.00) × 0.75 = 6.73 €/m². For 55 m², the legal rent is approximately 370 euros net. Maria contacted the Mieterschutzverband, received a consultation, and filed an application with the Schlichtungsstelle. Following the review, the landlord was obliged to refund the overpayment for the last 3 years (over 13,000 euros) and reduce the rent to the legal level. This case demonstrates how important it is to know your rights and verify the terms of the rental contract.
Conclusion
Austrian legislation provides tenants with strong protection, especially in apartments falling under the full application of MRG. Key rights include protection from arbitrary eviction, regulated rent with limited indexation, the right to repairs at the landlord’s expense, the possibility of rent reduction for housing defects, the right to verify Betriebskosten, and compensation for improvements. From 2026, the Mietpreisbremse further limits rent growth for all types of housing. If you have doubts about the legality of your contract conditions or encounter a violation of your rights, we recommend contacting the Mietervereinigung, Arbeiterkammer, or directly the Schlichtungsstelle.
And if you are looking for a new apartment in Vienna with transparent rental conditions, contact VigoImmobilien — we will help you find housing that meets your needs and budget.
