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Vienna tenant has rent slashed because of crime-riddled neighbourhood

A court has slashed a tenant's rent by a third because he lived near Vienna's Josefstädter Straße U-Bahn station, which the judge said was heavily affected by drug dealing and petty crime.

Published: 8 September 2021 09:53 CEST

Vienna tenant has rent slashed because of crime-riddled neighbourhood

Living too close to this station got a tenant a rent decrease in Vienna. Photo: Von Tokfo - Eigenes Werk, CC BY-SA 3.0

A tenant in Vienna has had his rent of €750 per month reduced to €500 by the courts, as his refurbished 80 square meter apartment was located near “a hotspot of drug crime” near the U6 station Josefstädter Straße.

The landlord had wanted to charge a “location surcharge” as a subway, doctors, shops and parks were nearby.

The tenant however argued that the increase should be rejected because he lived just 160 metres from the station, which the tenant argued was a drug and crime hotspot.

The tenant had his case rejected by the court in the first two instances, before launching an appeal to the Supreme Court.

The Supreme Court agreed with the tenant and overturned the previous rulings on appeal, finding the street-side apartment was affected by traffic noise and the station was a hotspot for drug and petty crime “with regular police deployments”.

The court rejected the location surcharge, the Kurier newspaper reports.

“This decision proves once again that it is worth having the rent checked,” says MieterHilfe boss Christian Bartok told Kurier.

As a result, rent increases in similar areas – i.e. with consistently loud noise or close to areas with prevalent criminality – may also be rejected.

More information about Vienna’s rental rules – including information on how to check if you are paying too much rent – can be found at the following link.

READ MORE: How to find out if you are paying too much rent in Vienna

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Are there 'young gangs' forming in Vienna?

Austrian tabloid media jumps on such stories: a group of teenage girls breaking into cars in Linz or vandalism and robberies committed by young people in Vienna. Particularly in the capital, it seems that there was a rise in crimes committed by groups of young people. But does that mean that Vienna has a gang problem?

According to the newspaper daily Der Standard, the Vienna Provincial Police Directorate (LPD) repeatedly states that the much-cited youth gangs do not exist but that there is “an increase in young people appearing in groups and committing offences”.

What does that mean, and what is the difference between “young people appearing in groups and committing offences” and gangs?

According to the police: “The term gang is commonly used in everyday language – without a precise definition in this context. In criminal law, however, the term is clearly defined. From a criminal law perspective, a gang is an organised, hierarchically structured group of people intent on committing offences on an ongoing basis.”

READ ALSO: Which crimes are on the rise in Austria?

According to the police, they are dealing with “groups that come together spontaneously” and are not “hierarchically organised.” These groups mostly commit “thefts or minor robberies” but are not criminal organisations.

So, technically, Vienna does not have a “youth gang” problem, but it does have an increase in young people in groups committing crimes – though the police didn’t share official numbers.

A recent Kurier report stated that the number of crimes committed by young people and children under the age of 14 has doubled in the last ten years.

At the same time, there has only been a slight increase among young people over the age of 14 and even a decrease among young adults. The main crimes committed by young people and adolescents are theft, damage to property, assault, burglary and dangerous threats.

Christian Holzhacker, Head of Education at the Association of Viennese Youth Centers, told Der Standard that it is important not to “stigmatise” an age group and that the word gang is often used in an “inflationary way”. He points out that in relation to the size of the Viennese population, the number of minors committing crimes is small, even if it is increasing.

He also highlighted that stigmatising regions or groups of young people who get together in public spaces is not the answer. “If you want to fight crime, you have to look at the realities of the lives of the people who have committed crimes,” he said.

READ ALSO: Is Vienna a safe city to visit?

What are the police doing about the crime?

Austria’s federal criminal police office has gathered a new special task force to combat youth crime (EJK). According to the Ministry of the Interior, the idea is to recognise the new phenomenon and combat youth gangs in Austria.

The task force is set to carry out checks in public spaces, particularly in urban areas and “potential hotspots”, Kurier reported.

The task force also set up a “panel of experts” to suggest how parents can be more responsible, how children’s use of social media and cell phones can be improved, and how the asylum system can better accommodate young migrants.

However, Dieter Csefan, head of the task force, told Die Presse that most young offenders were born in Austria.

“There are unaccompanied minors, but the young people we meet in the groups and gangs usually have parents. And the prolific offenders often come from a normal home. They can also be native Austrians. So it’s not always just Afghans or Syrians”, he said.

He also mentioned that “lowering the age of criminal responsibility is one suggestion” to fight crime. Currently, the age is set at 18, but there are discussions and proposals to lower it to twelve. However, “that alone is not necessarily enough”, he added.

READ NEXT: Which parts of Austria have the highest crime rates?

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