Subletting a flat: request for the landlord's consent, or notice to the landlord (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 letter to the landlord when you sublet part of a rented flat in Austria: a request for consent where the lease requires it, or a notice where the lease does not forbid subletting. It names the rooms, the period, the subtenant, the sublet rent and the number of occupants, and relies on § 11 of the Austrian Tenancy Act (MRG) — where a ban binds only for an important reason — or on § 1098 of the Austrian Civil Code (ABGB). It does not cover short lets to changing guests through platforms. 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
- Request for consent (the lease requires it), or a simple notice (the lease forbids nothing)
- Flat, or the part of it, to be sublet
- Period from
- End of the sublet (if for a fixed period)
- Subtenant
- Subtenant's date of birth
- Subtenant's current address
- Monthly rent the subtenant pays (with service charges and furniture)
- People living in the flat once the subtenant moves in, and the number of living rooms (e.g. 2 people, 3 rooms)
- Legal basis: the Austrian Tenancy Act applies in full (§ 11 MRG), or otherwise § 1098 ABGB
- Deadline for a response
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- May a tenant in Austria sublet a rented flat?
- Usually, yes. Where the Austrian Tenancy Act applies in full, a ban in the lease binds only if there is an important reason against the sublet: subletting the whole flat, a disproportionately high sublet rent, more occupants than living rooms, or a subtenant likely to disturb the household (§ 11 MRG). Otherwise § 1098 ABGB applies: subletting is allowed if it does not harm the owner and the lease does not expressly forbid it.
- How much rent may a tenant in Austria charge a subtenant?
- Where the Austrian Tenancy Act applies in full: for the whole flat, at most half as much again as the basic rent you pay yourself, and a proportionate amount for part of the flat; a separate charge may be agreed for furniture (§ 26 MRG). A disproportionately high sublet rent is also an important reason against subletting (§ 11 MRG), and passing on the whole flat for one risks notice to quit (§ 30 Abs 2 Z 4 MRG).
- What applies in Austria to letting a rented flat through Airbnb?
- This letter is meant for an ordinary sublet and states that no letting to changing guests is planned. A tenant who lets the whole flat short-term to tourists risks notice to quit; Austria's Supreme Court has upheld it in such cases (§ 30 Abs 2 Z 4 MRG). Land law applies too: in Vienna, since 1 July 2024, a flat may be let short-term without a permit for at most 90 days a year; the other Länder set their own rules.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
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