OGH judgment: unlawful rent increases in Vienna - repayments required!

OGH judgment: unlawful rent increases in Vienna - repayments required!

In a significant judgment, the Supreme Court (OGH) decided that rent increases by two Viennese companies, Prokop real estate management and Belmar private foundation are ill. This decision came after a lawsuit by the Chamber of Labor (AK) Vienna, which complained about the controversial "value security clause" in the rental contracts.

According to the AK information, numerous tenants in Vienna were calculated up to 14 percent higher rents, which resulted in drastic increases of up to 209 euros per month. The tenants concerned had contacted the tenant aid of the city of Vienna, which finally forwarded the case to the AK. According to the judgment of the OGH, the corresponding contractual provisions are illegal.

legal steps against landlords

In a message, the AK announced that it asks the two companies to repay the illegally raised rental prices and also adapt future rental contracts accordingly. If the companies are not ready to cooperate, plan the AK sample processes in order to reclaim the payments and to proceed against future inadmissible rental agreements.

Walter Rosifka, Head of the Wohnen Team of AK Vienna, explained that the exact number of tenants concerned is currently unclear because the AK has no access to the rental contracts of the companies concerned. Prokop real estate management is active in several Vienna districts and in a few places in Lower Austria, while Belmar has a house in Vienna.

The AK relies on the transparency and support of the tenants, so a sample letter is provided that is intended to help those affected to request their excessive rent payments. Rosifka also emphasized that this decision could also have significant effects on similar cases of other landlords.

So far, an inquiry to Prokop Immobilienverwaltung GmbH in Hietzing and the Belmar private foundation in the inner city remained unanswered. The claims for recovery could also have an impact on landlords who use similar clauses in their rental contracts.

This case shows the importance of tenant protection rights in Vienna and could have far -reaching consequences for future rental relationships and contracts. For more information about the legal steps that tenants can take, a visit to the homepage of the Chamber of Labor.