Tenant's claim to recover increases under an invalid index clause (Austria)
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This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
The tenant's letter in Austria reclaiming rent increases charged under an invalid index clause in the lease: the clause, the grounds, the period, the amount, a deadline and the account; further increases are paid only under reservation. Note: the case law is still moving — the Supreme Court (OGH) held clauses invalid in 2023, took a different view in 2025 (10 Ob 15/25s) and ruled again in 2026 (6 Ob 34/26g); for leases signed before 2026 the rent indexation act (MieWeG) limits refunds to five years. Have the clause checked before sending, for instance by the tenants' association or the Chamber of Labour; the letter only asserts the claim. In German.
What you fill in
The details the document asks for.
- Tenant (name with any academic degree)
- Tenant's address
- Landlord (name with any academic degree, or the company name)
- Landlord's postal address (street, then postcode and town on the next line)
- City
- Date
- Address of the flat (with staircase and door number)
- Date of the contract
- Where the index clause is in the lease (e.g. clause 5)
- Why the index clause is invalid (ideally after taking advice)
- Increases reclaimed for payments made from
- Amount reclaimed (total of the increases, in euro)
- Payment deadline
- IBAN
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Are index clauses in Austrian leases invalid?
- Not in general. In 2023 the Supreme Court (OGH) held certain clauses in consumer leases invalid (2 Ob 36/23t, 8 Ob 37/23h), and in July 2025 it took a different view of applying § 6 Abs 2 Z 4 of the Consumer Protection Act (KSchG) to leases (10 Ob 15/25s), and it ruled again in 2026 (6 Ob 34/26g); since 2026 the rules of the 5. MILG apply as well. Whether your clause is invalid depends on its wording, the date of the lease and current case law. Have that checked before sending, for instance by the tenants' association, the Chamber of Labour or a lawyer.
- How far back can index increases be reclaimed in Austria?
- For residential leases signed before 1 January 2026, the rent indexation act (MieWeG, part of the 5. MILG, BGBl. I Nr. 114/2025) limits refunds under an invalid index clause to payments made in the five years before the tenancy ended or, if it still runs, before the tenant learned that the clause was invalid. The claims become time-barred three years from that knowledge, at the latest 30 years after payment (§ 4 MieWeG); claims filed in court before 2026 are not affected. The letter takes the period and amount you have worked out; count only payments you can document.
- Does a reclaim letter stop the limitation period in Austria?
- No. A letter alone does not interrupt limitation; under § 1497 ABGB only a court action that is duly pursued, or the landlord's acknowledgement, does. That is why the letter asks the landlord to state whether the claim is acknowledged. If the landlord refuses or does not answer, the conciliation board or the court decides; watch the deadlines, which since 2026 may be shorter.
- May a tenant in Austria simply stop paying the index increase?
- If you pay less than charged and the clause turns out to be valid, rent arrears build up, which can lead to a court notice to quit (§ 30 Abs 2 Z 1 MRG) or an eviction claim (§ 1118 ABGB). The safe course is to keep paying in full, but expressly under reservation of the right to reclaim, as the letter declares; note the reservation on every transfer as well.
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