Revolution in the tenancy law: 30 years possible for reclaims!
Revolution in the tenancy law: 30 years possible for reclaims!
A sensational judgment of the State Court of Civil Law Matters Vienna has put the real estate industry into turmoil. It allows the tenants to reclaim the rent that is wrongly paid due to inadmissible value security clauses, while a limitation period of only three years has been valid. This change could lead to a wave of reclaiming claims to the landlords, such as APAOTS Mag. Wilhelm Huck von Hsp.law explains that such a decision is a significant uncertainty factor for the entire real estate community.
The Supreme Court had already classified value security clauses in several decisions. This new case law has led to the question of whether and how landlords can legally adjust these clauses. The OGH points out that such clauses need clear and fair requirements to ensure consumer protection. According to KPMG could be decisive for future contracts, in order to legally accepted, in order to legally accepted become. This could lead to an examination of many existing value security clauses, which is of considerable interest, especially for landlords.
political reactions and legal uncertainties
The situation has achieved politics and the new federal government is already planning a legal clarification for 2025-2029. A period of five years is planned for reclaims, whereby tenants have to act within three years after knowledge of inadmissibility. These changes could have far -reaching consequences for existing rental relationships and are eagerly awaited, since they could not only affect current but also ended rental relationships. The legal framework could therefore change drastically in the near future, which will affect both tenants and landlords.
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