Home » Austria » Austria – Lease Agreements

Austria – Lease Agreements

Typical Lease Term in Austria

The typical lease term for renting property in Austria is generally set at three years. Rental agreements in Austria often follow a standard format, and the initial lease term is commonly set for three years. However, shorter or longer lease terms can be negotiated between the landlord and tenant based on mutual agreement.

It’s important to note that if a tenant wishes to terminate the lease before the end of the three-year term, there is typically a notice period of three months. After the initial three-year term, the lease usually continues on a month-to-month basis unless either party provides notice to terminate the agreement.

For expats and newcomers to Austria, understanding the lease term and potential renewal options is crucial when considering a rental property.

Difference Between Furnished and Unfurnished Rentals

In Austria, rental properties are available in both furnished and unfurnished options, each with its own characteristics:

  • Furnished Rentals: Furnished rental properties in Austria come fully equipped with essential furniture and appliances. This typically includes items such as beds, sofas, dining tables, kitchen appliances, and sometimes even bedding and kitchenware. Furnished rentals offer convenience to tenants who prefer a move-in-ready living space, making them suitable for short-term stays or expats.
  • Unfurnished Rentals: Unfurnished rental properties are empty and do not include furniture or appliances. Tenants are responsible for furnishing the property to their liking. Unfurnished rentals provide more flexibility for personalizing the living space but require tenants to invest in their furnishings. They are more common for long-term leases and are often chosen by tenants planning to stay for an extended period.

The choice between furnished and unfurnished rentals in Austria depends on individual preferences, budget, and the intended duration of the lease. expats and those seeking temporary accommodation often opt for furnished rentals for added convenience.

Standard Clauses in Lease Agreements

Lease agreements in Austria typically include standard clauses that outline the terms and conditions of the rental. Some of the common clauses found in Austrian lease agreements include:

Get Our Best Articles Every Month!

Get our free moving abroad email course AND our top stories in your inbox every month

Unsubscribe any time. We respect your privacy - read our privacy policy.

  • Lease Duration: Specifies the initial lease term, which is often set at three years, and outlines the renewal options.
  • Rent Amount: States the monthly rent amount and the frequency of payments.
  • Deposit (Kaution): Details the deposit amount, which is typically equivalent to three months’ rent, and the conditions for its return at the end of the lease.
  • Repairs and Maintenance: Outlines the responsibilities of the landlord and tenant regarding property maintenance and repairs.
  • Utilities: Clarifies which utilities (e.g., water, electricity, heating) are included in the rent and which are the tenant’s responsibility.
  • Notice Period: Specifies the notice period required for termination or renewal of the lease.
  • Exit Cleaning: Guidelines on the condition the property should be in upon vacating, including any cleaning requirements.

These standard clauses are fundamental components of a lease agreement in Austria, providing clarity on the rights and obligations of both landlords and tenants. However, it’s important to note that specific terms and conditions may vary depending on the rental market and individual agreements.

Additional but Non-Mandatory Clauses

While lease agreements in Austria typically include standard clauses, there may be additional clauses that can be included but are not mandatory. These additional clauses can be negotiated between the landlord and tenant to address specific needs or circumstances. Some examples of non-mandatory clauses include:

  • Pets: A clause specifying whether pets are allowed and any associated conditions, such as pet deposits or restrictions.
  • Renovation and Alterations: Terms governing any alterations or renovations the tenant wishes to make to the property during the lease term.
  • Subletting: Conditions and restrictions, if any, on subletting the property to others.
  • Early Termination: Provisions for early termination of the lease, including potential penalties or notice requirements.

These additional clauses can be customized to meet the specific needs and preferences of the parties involved. However, it’s crucial for both landlords and tenants to understand and agree upon these clauses before signing the lease agreement.

Considerations When Signing a Lease Contract

Expats and newcomers to Austria should be especially aware of the following considerations when signing a lease contract:

  • Tenancy Laws: Familiarize yourself with Austrian tenancy laws and regulations, which vary by state and may impact your rights and responsibilities as a tenant.
  • Deposit (Kaution): Understand the rules and procedures related to the deposit (Kaution), including the amount, its purpose, and the conditions for its refund at the end of the lease.
  • Notice Period: Be aware of the notice period required for both landlords and tenants in case of lease termination or renewal.
  • Insurance: Consider renters’ insurance to protect personal belongings and liability in case of accidents or damages.

It’s advisable to review the lease agreement carefully, seek legal advice if needed, and ensure that all terms and conditions are understood and agreed upon before signing.

Condition Reports in Austria

Condition reports are common and recommended in Austria before signing a lease agreement. A condition report, known as the “Übergabeprotokoll” or handover protocol, is a detailed document that records the condition of the rental property, including any existing damages or issues, at the beginning of the lease. Both the landlord and the tenant should complete and sign the condition report to provide a clear record of the property’s condition.

Condition reports are essential for preventing disputes over damages and deductions from the deposit (Kaution) at the end of the lease. It’s important for both parties to thoroughly inspect the property and document any pre-existing damage, such as scratches, stains, or defects.

Photographs can also be included as part of the condition report to provide visual evidence of the property’s condition. The condition report should be kept safe and referred to when assessing any changes in the property’s condition during the tenancy.

Qualifications and Licenses for Letting Agents

In Austria, letting agents or real estate professionals are required to hold a valid real estate agent license, known as the “Maklerkonzession.” To obtain this license, individuals must complete specific training and pass examinations in real estate law and practices.

Letting agents should possess the necessary qualifications and licenses to operate legally in Austria. Before engaging a letting agent’s services, you can request their license information and verify it with the relevant regulatory authority to ensure their legitimacy.

Association or Organization for Reputable Letting Agencies

In Austria, reputable letting agencies may choose to be members of professional associations or organizations that uphold high standards in the real estate industry. One such organization is the “Österreichischer Verband der Immobilienwirtschaft” (ÖVI), which translates to the Austrian Association for the Real Estate Industry.

Here is the official website of the Austrian Association for the Real Estate Industry (ÖVI).

While membership in such organizations is not mandatory, it can serve as an indicator of a letting agency’s commitment to professionalism and ethical practices. These associations may also provide resources and support for their members, benefiting both clients and agents.

When considering a letting agency in Austria, you can inquire about their membership in industry associations and conduct due diligence to ensure a reputable and reliable rental experience.