Tenancy and housing law is one of the most complex areas of law and can pose numerous pitfalls for you as a landlord or tenant. PRIME LAW Rechtsanwälte therefore provides you with prudent support in the drafting of tenancy, lease and other usage agreements.
PRIME LAW attorneys are also happy to assist you in proceedings before the arbitration board or courts on tenancy and housing law issues. Your claims as a landlord or tenant will be enforced in the best possible way.
As an investor, you can rely on the many years of experience of PRIME LAW Rechtsanwälte if you want to evaluate the tenant situation of your property, need practicable proposals for optimizing the tenant situation and want to renegotiate old contracts sensibly.
Answers to frequently asked questions
Can I rent out my apartment via AirBNB?
- In Vienna, it is not permitted to rent via AirBNB in residential zones (this results from the zoning plan).
- In the case of condominiums, it is important to check whether renting via AirBNB contradicts the condominium contract or the condominium's legal designation.
- In the case of rented apartments, letting via AirBNB may contradict the subletting ban.
- Depending on the configuration, a business license may also be required for renting out via AirBNB.
As a landlord, can I terminate a rental agreement without cause?
If the tenancy is subject to the Tenancy Act, the landlord must be able to terminate the tenancy agreement for one of the reasons specified in the Act.
However, it is not sufficient to give notice of termination by letter; a legal notice of termination must be submitted to the competent district court.
Can I take over a rented apartment from a relative if I register my residence there?
The main residence registration alone is not sufficient The main residence registration alone is not sufficient to be able to enter into an existing tenancy agreement
In addition to various other requirements, a joint household must be maintained for a certain period of time in order to obtain the right of entry.
Can I also conclude a rental agreement verbally?
Yes, an oral contract is also valid.
However, the time limit of a verbally concluded tenancy agreement does not apply if the agreement is subject to the Tenancy Act. In addition, it always makes sense to record the rights and obligations in writing for evidence purposes.
Can I prohibit my tenant from keeping dogs?
The keeping of dogs and cats can be effectively prohibited with special wording in the tenancy agreement. A general ban on keeping pets is ineffective.
Can I extend tenancy agreements with my tenant as often as I like?
Tenancy agreements can be extended as often as required for a specific period of time without creating an open-ended tenancy. Each extension must be in writing to ensure that the agreed time limit is valid. Written means that the landlord and tenant sign the new tenancy agreement.
Does the landlord have to tolerate the tenant storing items in the hallway?
No, as a rule only the interior of an apartment or business premises is rented out. The tenant can be forced to remove the objects in the hallway by means of a lawsuit.
What does the currently discussed amendment to the Brokers Act mean in practice?
The amendment is intended to introduce the "client principle" for residential tenancy agreements. The person who arranges for the broker's services and has selected the broker should then pay the broker's commission, i.e. as a rule, the broker's commission is to be paid by the landlord.
The amendment to the law is expected to come into force on January 1, 2023. Only rental agreements for apartments are affected, not for commercial premises. The brokerage fee for purchase contracts remains unaffected.
What does the currently discussed amendment to the Brokers Act mean in practice?
The amendment is intended to introduce the "client principle" for residential rental contracts. The person who arranges the broker's services and selects the broker should then pay the broker's commission. This means that, as a rule, the agent's commission is to be paid by the landlord. Only rental contracts for apartments are affected, not for business premises. The brokerage fee for purchase contracts remains unaffected.