Rent crisis: Government is fighting for solving invalid value protection!

Rent crisis: Government is fighting for solving invalid value protection!

The recent judgment of the Constitutional Court (VfGH) on value security clauses in rental contracts has ensured considerable nervousness in the real estate industry. The federal government is under pressure to find a quick solution that takes into account both the interests of tenants and landlords. Vice Chancellor Andreas Babler and Minister of Justice Anna Sporrer are actively in discussion with the coalition partners ÖVP and Neos to reach an agreement by autumn. First of all, it is about legal clarity regarding the controversial clauses, which have been classified as problematic in the past by courts, including the Supreme Court (OGH).

The judgment that has now been put on the agenda declares certain value security clauses invalid, especially if it is not pointed out to a so -called two -month blocking period. This confirms an OGH decision that was made two years ago. According to OE24, some real estate companies have also resisted a determination of the consumer protection law (KSchG) that prohibited such clauses in rental contracts. However, the VfGH rejected these applications as unfounded.

Legal challenges and potential repayments

An affected company, landlord of an apartment in Vienna, was forced to make the repayment of an excessive rent because the tenant successfully argued that an ineffective value security clause was responsible for the high payment. This development raises questions. According to the Chamber of Labor, affected tenants do not automatically receive repayments; Each case must be clarified individually. The tenant association expects an increase in inquiries from tenants affected by this problem.

The managing director of the ÖVI, Anton Holzapfel, emphasizes the need for a rapid legal solution to clarify numerous legal questions. The real estate industry sees the danger that many landlords may have to pay for reclaims from many years. In addition, experts warn of possible economic consequences such as frozen rental interests and evaluated real estate reviews. Since considerations are already underway to limit claims for recovery to a maximum period of five years, the industry feels additional pressure.

outlook on legal changes

While the government is aware of the problem, concrete solutions in the government program have not yet been outlined. In a planned budget template, a rental price brake could also be decided by autumn. Minister Korinna Schumann is planning negotiations in summer to reach an agreement. The NEOS and the FPÖ have also emphasized how important legal certainty is for the real estate industry and are calling for a rapid new regulation.

The need for clarification by the OGH in individual processes is required by various actors in the right of residence. The legally secured provision that value security clauses have to be negotiated individually with tenants: inside brings additional challenges for landlords, since automatisms are therefore questioned in contractual relationships. The present KSchG could serve as a decisive factors in future rental contracts.

The development around the value security clauses remains a central topic in the political and legal debate in Austria, while the actors concerned continue to hope for a clear and fair regulation.