Renting old buildings in Vienna: How you pay too much and what you can do!

Renting old buildings in Vienna: How you pay too much and what you can do!

In Vienna, tenants of old buildings are often confronted with excessive rent prices. According to current information from the KPÖ, many tenants pay more than legally permitted. The tenants' association, private companies and the Chamber of Labor therefore offer a so-called “rent check” to check the legality of the rents charged. In particular, Barbara Urbanic, the KPÖ's top candidate, is calling for a comprehensive review of the statutory rent caps by the city authorities. She demands that the burden of proof for the legality of the rent falls on the landlords in order to promote fairer rental practices. OTS reports that Urbanic also criticized the bureaucratic hurdles that prevent tenants from enforcing their rights.

A big problem is that location surcharges are often levied for apartments in good locations, which can double the standard rent. Urbanic sees this as an unacceptable practice and advocates for greater intervention in the housing market. This includes, for example, an infrastructure levy to allow part of the profits of private investors to flow back to taxpayers. She emphasizes that housing is a basic need that should not be left exclusively to the market.

Important services for tenants

The Chamber of Labor (AK) Vienna is offering a new and free service called AK Altbau-Mietencheck. This service is intended to support tenants who often pay rents that are too high and do not comply with legal requirements. Around two thirds of the private rental apartments in old buildings in Vienna have a standard rent. However, landlords often do not adhere to the legal requirements and a number of mistakes are made in rent agreements due to the lack of clarity in the law, which is one of the reasons why tenants pay too much.

The AK is ready to help tenants get back rent that they have paid too much, including through legal action. A rent check can be a first step in getting clarity about the legality of the rental agreements. The Chamber of Labor points out that before concluding a rental agreement, it should be clarified with an advice center whether the rental agreement is subject to the full or partial scope of the Tenancy Law (MRG) or is excluded.

Rights and obligations in tenancy law

According to the Tenancy Law (MRG), tenants and landlords have different rights and obligations that vary depending on the area. The scope of the MRG can be divided into three categories: the full scope, the partial scope and the complete exception. A rule of thumb is that apartment rents in apartment buildings built before the end of the Second World War are subject to the full scope of the MRG.

In the full application area there is both price and termination protection, while in the partial application area there is only protection against termination. Contracts subject to a complete exception do not enjoy specific protection. Since 2015, an extended maintenance obligation for rented heating equipment has also applied to older rental agreements, which places additional responsibility on landlords. The Federal Ministry of Justice draws attention to the fact that these laws can help create legal certainty in the housing market.