Vienna Court: Tenants can make reclaims up to 30 years!

Vienna Court: Tenants can make reclaims up to 30 years!

Laimgrubengasse 10, 1060 Wien, Österreich - A trend -setting judgment of the Vienna State Court of Civil Law has shaken the real estate industry. Accordingly, tenants have the right to reclaim illegally paid rent adjustments for up to 30 years due to non -permissible value security clauses - a drastic deviation from the usual three -year limitation period. Sophie Wotschke, Neos spokeswoman for buildings and living, warns: "This decision threatens a wave of reclaiming claims that could massively burden the real estate industry." These legal uncertainties not only affect rental properties, but are relevant to all permanent culprit with consumers, emphasizes Wotschke, as it indicates the need for legal clarification in order to avert future economic dangers. For further information on the backgrounds, we refer to the article by lawyer Krau .

value security clauses and their importance

Value protection clauses are contractual regulations that adapt long -term payment obligations to price development in order to compensate for loss of purchasing power. Such clauses that can contribute to inflation are subject to strict legal provisions. Until the new regulation in 2007, such clauses were usually in need of approval. Since the Price Clause Act comes into force, you have been banned in principle, with certain exceptions, which now also provide for, among other things, that adjustments may only be made through written agreements. In the case of housing rental contracts, the index rents must be agreed in writing and adjusted annually, which also regulates the tenancy.

The new judgment not only questions the previous limitation periods, but also makes the need for adjustments within the legal framework. Wotschke emphasizes that the planned legal changes should shorten the limitation period for retrospective claims from inadmissible value security clauses to five years, which could create urgently needed clarity for everyone involved. Another detailed view of the legal landscape makes the analysis of OTS clear.