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LIVING IN AUSTRIA

What’s the law around jaywalking in Austria?

Crossing the road when there is a red light for pedestrians might be unsafe but is there anything illegal about it in Austria?

What's the law around jaywalking in Austria?
People crossing street in Vienna. Photo by Jacek Dylag on Unsplash

Austrian cities, towns, and villages are known for being pedestrian-friendly, with many people choosing walking as their preferred way of getting around.

In Vienna, 28 percent of the residents make their journeys on foot. However, while walking across the road in Austria, it’s necessary to know the rules, because not following them could result in a fine of approximately €140.

In Austria, jaywalking (crossing the road when the light for pedestrians is red) is not allowed. You will often see people waiting on the side of a completely empty road until the light turns green. If you don’t wait with them and decide to cross, you may receive angry comments from other pedestrians waiting, or in the worst-case scenario, you may be fined by the police if you get caught.

What to think about when crossing the street

Besides avoiding walking when the light is red, there are other things to consider that new residents might not be aware of.

Black and white stripes across a road, known as a zebra crossing, indicate a ‘Schutzweg’ for pedestrians to safely cross the road. If there is a Schutzweg within 25 meters from where you want to cross, you are obliged by law to use it.

This may seem strange to people from other countries such as the UK and Sweden, where crossing the street does not involve so many rules and jaywalking is not illegal. There, you can confidently cross the road without fines or disapproving glances from people around you. In other European countries, such as Spain and France, jaywalking is also considered illegal just like in Austria. In France, the rules around crossing the street for pedestrians are even stricter than in Austria because pedestrians are in theory, obliged to use the pedestrian crossing if it is within 50 meters of where they want to cross.

In Austria, there are two main types of crossings: unregulated and regulated.

Pedestrian crossings where there are no traffic lights (unsignalised) to control the vehicles are marked with warning lights on either side.

The law obliges drivers to stop and allow pedestrians to cross the road if they are already on it or clearly waiting to cross. At this type of crossing you obviously need to be careful since not all drivers follow the rules, but they do risk fines if they do not stop.

Then there are the crossings regulated by traffic lights for vehicles and stop and go lights for pedestrians, known as signalised crossings. These are generally safer to use, but it is important to remember that even if you have a green light, traffic turning into your road may also have one. While they are obligated to stop for you, being extra careful is a good idea.

The pedestrian crossings in Vienna work differently. Some crossings have pedestrian lights that change automatically, while others require you to press a button to start the process.

READ NEXT: What you need to do when you first move to Vienna

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RENTING

Can I get out of a rental contract in Austria?

Have you viewed an apartment in Vienna o elsewhere in Austria and hastily signed a contract? Don't you like the apartment after all? These are your withdrawal rights in Austria.

Can I get out of a rental contract in Austria?

In Austria, the rental market is highly competitive, with apartments often staying on rental platforms for short periods due to high demand and limited supply. This, coupled with brief apartment visits (sometimes with other prospective tenants) and the pressure to secure a place, can lead to hasty contract signings. 

Understanding your withdrawal rights is essential in such a market.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you signed a rental contract and then realised you don’t want the place, you might feel stuck in your contract. Austria does have really strict rules on contracts, so that “anyone who signs a rental offer makes a binding declaration that they wish to rent the apartment at a certain rate”, Austria’s Tenants Association says.

The real estate agent will also remind you that you cannot leave your contract, as you signed a contractual agreement (“verbindliches Angebot“, which means a binding offer). But what exactly are your rights then?

It’s all about timing

Basically it’s very tricky and almost impossible to back out after signing a rental contact in Austria.

According to Austria’s Chamber of Labour (AK), Austrian law is on your side – but only in a particular case. 

Under a consumer law that applies to all types of contracts, including rental agreements, you are protected against potential pressure from real estate agents and property owners. If you view an apartment and sign an agreement on the same day, you have the right to withdraw from the contract within the week. Furthermore, if the estate agent fails to inform you of your right to cancel, you can withdraw from the contract within one month.

READ ALSO: Shopping in Austria – What are your consumer rights when purchasing goods?

The Tenants Association is more critical and explains that withdrawal is only possible within the “narrow” limits of the Consumer Protection Act. “If you as a consumer submit your contractual declaration on the same day that you viewed the apartment for the first time, you can withdraw from your contractual declaration in writing within one week.”

If the offer was not signed on the day of the very first viewing, though, there is no right of withdrawal in Austria.

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

If you have the right to do so, the most effective way to withdraw from a rental contract is to do it in writing, preferably by a registered letter, as explained by the Austrian Chamber of Labour (AK). This not only provides a clear record of your intent but also empowers you to navigate the legal aspects of the process with confidence. 

If you signed the offer after the viewing, you don’t have the right to withdraw from the contract you signed. In that case, you could ask for a mutual agreement termination, seeking an amicable termination option with the landlord. Otherwise, you’d be bound by the contract, which in Austria usually means you’d have to stay for one year in the apartment and give three months’ notice before leaving.

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