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.