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RENTING

Reader question: How does Vienna’s rent control system work?

Vienna has some of the cheapest rents in European capitals, and a lot of it has to do with the strict rental controls in the Austrian city.

Reader question: How does Vienna's rent control system work?
Around half of Vienna residents live in social, subsidized, or cooperative housing. AFP PHOTO / ALEXANDER KLEIN (Photo by ALEXANDER KLEIN / AFP)

Austria’s capital often shows up near the top on lists of cities with a high standard of living – and the affordable rents in the imperial city is one of the reasons why.

Vienna has a high share of its residents, some 60 percent, living in municipal housing estates or homes subsidised by the city, according to the government.

Besides the more than 220,000 city apartments (also known as gemeindewohnung), many residents also live in genossenschaftswohnungen, cooperative housing built by non-profits with large deposits for apartments but reduced rents.

READ ALSO: The downsides of Vienna you should be aware of before moving there

The city’s subsidised apartments are part of a highly active policy from 1920 to 1938, during the period known as “das rote Wien“, with the Socialist Party ruling the city, and after the Second World War, until 1969.

However, there are other reasons for the lower rents in Vienna, especially since some private residences also have extremely affordable prices in the capital. 

One such factor is laws regulating how much landlords can raise rents, known as rent control. 

Rental controls in Austria

Austria has a history of more than 100 years of rental control, first established during World War I as protection of widows and orphans of soldiers against exorbitant rents.

READ ALSO: Property: How to find a rental flat when you arrive in Austria

The first regulations to curb rentals and restrict evictions were set in 1917. Still, they got stricter after the Second World War, when the Friedenskornenzins policy was instituted during times of peace, setting a maximum rent of 1 Shilling per square metre per month.

Incredibly, there are still some people living in apartments from those times, when 1 Schilling was the same as €0.072 – and yearly rental increases were also kept very low. Most of the famous cases of apartments in downtown Vienna costing tenants less than €400 a month can be traced back to “peace times” contracts.

Benchmark rent in Austria

Since 1994, though, a new system for capping rent was introduced in Austria, known as Richtwertmiete, or benchmark rent, as Immowelt explains.

This benchmark is valid only for apartments built before 1945 (in Vienna, a large share of the buildings are from before the war, known as Altbau) or, in some cases, before 1953, and they cannot be larger than 130 square metres. The rules can be quite specific, and you can check whether your apartment falls under rental protection in several administrative bodies and rental associations in your city.

In Vienna, the benchmark rent for old apartments that fall into the value protection agreement from 1994 is € 6.15 per square metre, a low value that was recently increased from € 5.81 on April 1st. This means that a 100-square-metre apartment would cost € 615 per month without additional costs such as VAT and living expenses if governed by the protection agreement.

The capital has the second-lowest benchmark rent in Austria, only higher than Burgenland (€5.61). Vorarlberg has the highest at €9.44 per square metre, followed by Salzburg (€8.50), Styria (€8.49), and Tyrol (€7.50).

Some apartments with rental contracts from before 1994 still follow previous rules, with even lower rents. They are put in different categories depending on appliances, location, size, and other factors and could be capped at as high as €3.80 per square metre in Vienna.

Austria also has a “right to succession” established in its Tenancy Law, stating that tenants who benefit from these low rents have a right to pass on the apartment to close relatives, such as children, grandchildren or partners. In those cases, rent can only be slightly increased – keeping prices low for decades on end.

What if my apartment does not fall into the benchmarked rent?

New buildings (Neubau) do not benefit from the capped rents in Austria. There are not many restrictions on rents for private properties. However, Austrian law has a provision covering “usury” or overcharging. Several rental associations can help you check if you are paying too much.

If an arbitration board finds that the rent was excessively high, tenants could claim retroactively.

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

When it comes to rental costs, it is also essential to realise what each cost relates to and whether or not the property owner or the renter should be paying for it.

Most operating costs can be passed on to the tenant, including insurance, operational costs (such as electricity for lifts), and sewer clearing. However, some are not covered by Austrian law, and property owners need to pay for themselves, including repair work for burst pipes or damaged chimneys and connection to the public water supply network, for example.

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VIENNA

How do I lower my rent if I pay too much in Vienna?

If you live in an older building, a so called "Altbau", the price per square meter is regulated. If you are paying too much rent, there are ways to lower it and claim your money back.

How do I lower my rent if I pay too much in Vienna?

Vienna is known for offering its residents affordable rents. However, if you live in one of the older apartments in Vienna (Altbau), you should know that there is a limit on how much rent can be charged per square meter.

Some landlords rent out their flats more expensively than they are actually allowed to. The City of Vienna’s rent calculator can help you determine if you are paying too much.

If you believe that your rent is too high, there are three different options on how to bring it down and also get the money back from the time when you paid too much.

Hire a company to take on your case

In Vienna, several companies, known as Prozessfinanzierer in German, will take on your case individually and try to reduce your rent. This could not only result in a lower rent for the future but also in you receiving a refund for the period you overpaid. It is even possible to pursue this after you leave your apartment. 

However, the City of Vienna has warned against using these services. If you are successful, the companies could claim a great portion of the refunded money, ranging from 30 percent to even half. MeinBezirk also reported occasions when employees of these companies have gone door to door, pretending to be city officials to secure contracts with excessively high commission payments.

Tenant protection organisations argue, as cited in Der Standard, that the companies may prioritise their profits over the best interests of tenants, negatively impacting tenant-landlord relationships.

However, these companies typically operate on a ‘no win-no fee’ basis, which means that you do not have to pay anything if the reduction attempt is unsuccessful. 

READ MORE: Gemeindebau: How do you qualify for a social housing flat in Vienna?

Get help from the Mietervereinigung

Another option is to get help from the Mietervereinigung. This is a tenants’ association that supports tenants’ rights and interests. A yearly membership costs around €69 in Vienna (it also operates in Austria’s other federal states).

Once you are a member, you can go to them for help. They will assist you with claiming back your rent if you have been overpaying, and can also help with rental problems such as mould, contracts, painting, disputes with landlords and housing standards. 

The association also offer education and information to help you understand your rights and responsibilities under landlord-tenant laws. This includes workshops and seminars about topics related to housing rights and regulations.

The association is also known for publishing guides, brochures, and online resources with practical tips for dealing with common rental issues.

The Mietervereinigung offers services and guidance for its members over the phone, online or through meetings in person. 

Altbau in Alsegrund, district 9 in Vienna. Photo by Melloo on Unsplash

Do it yourself

The third option you have as a tenant is to go to the arbitration board yourself.

The arbitration board is an independent entity established to help resolve conflicts between tenants and landlords outside of the court system. However, this can sometimes be complicated.

You often need certain legal expertise to be successful and the process can be complex and time consuming.

READ NEXT: How does urban gardening work in Vienna?

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