Renting a flat in Austria is, for many newcomers, a pleasant surprise: the law favours tenants more than you might expect, and in the right building the rent has a legal ceiling. It is also a field where one small word in the contract, "befristet" (fixed-term), changes your rights. This guide explains how renting in Austria works, in the order you will meet each question.
Which law governs renting in Austria?
The key text is the Mietrechtsgesetz (MRG), the tenancy law. Whether it applies, and how, depends on the age and type of building:
- Full application (Vollanwendung): flats in buildings of at least three flats built before 9 May 1945, except after a complete renovation and except owner-occupied flats. The rent is capped.
- Partial application (Teilanwendung): unsubsidised new buildings and owner-occupied flats (Wohnungseigentum). The rent is free, but you keep protection against termination.
- Exemption (Vollausnahme): houses of one or two units that the owner has let since 2002. The general civil code (ABGB) applies.
So the first question to ask a landlord is not "How much?" but "Which regime applies to this flat?" The answer decides what you can challenge later.
How does the Richtwertmiete cap rent when renting in Austria?
For flats under full application, the base rent is capped by the Richtwertmietzins, a reference rent per m² set for each province, with surcharges or reductions depending on floor, equipment, condition and location. The reference values on 1 April 2026, in euros per m² per month (Statistik Austria):
| Province | €/m² |
|---|---|
| Burgenland | 6.15 |
| Carinthia | 7.89 |
| Lower Austria | 6.92 |
| Upper Austria | 7.30 |
| Salzburg | 9.31 |
| Styria | 9.30 |
| Tyrol | 8.22 |
| Vorarlberg | 10.35 |
| Vienna | 6.74 |
For a fixed-term lease, the cap is reduced by 25% (the Befristungsabschlag). A rent that is too high can be challenged in court or, in some cities, before the municipal conciliation board (Schlichtungsstelle), in principle within three years. For a fixed-term lease, the period does not end before six months after the lease ends or becomes open-ended, and the limitation period is then ten years (§ 16(8) MRG). Tenant associations and conciliation boards can check your rent for free or cheaply; ask before you act.
Category rents (Kategoriemietzins), found mostly in older leases, were €4.51, €3.38, €2.25 and €1.13 per m² for categories A to D on 1 April 2026.
What should you read before signing a lease?
Note five things:
- Term: fixed or open-ended. A fixed-term lease must be written. Since 1 January 2026, a professional landlord must offer at least 5 years; a private landlord, 3 years. This applies to leases concluded or renewed after 31 December 2025. You can always leave after one year with three months' notice.
- Net rent and running costs (Betriebskosten).
- VAT: 10% on rent, 20% on heating and furniture.
- Indexation clause. Since 1 January 2026, for homes under the MRG, rent may be indexed only once a year, on 1 April, using the previous year's inflation; above 3% inflation, only half of the excess counts. For capped rents, the increase is limited to 1% (April 2026) then 2%.
- Who commissioned the agent, see below.
A contract in German, with clauses you have never seen, is a classic point where help matters. Moovy can explain the terms in plain English and flag what to ask. It cannot sign for you or negotiate with the landlord, and for a disputed contract a tenants' association or a lawyer is the right next step.
Who pays the estate agent?
Since 1 July 2023, the person who commissioned the agent pays (Bestellerprinzip), which is almost always the landlord. If you did commission the agent, the commission is capped at two gross monthly rents for a lease without end or longer than 3 years, and one gross monthly rent for a lease of 3 years or less, plus 20% VAT. Do not pay an agent's commission by reflex: ask who hired them.
How much is the deposit, and how do you get it back?
The deposit (Kaution) is set by the contract. Three gross monthly rents (net rent plus charges plus 10% VAT) is the custom; up to six are allowed according to oesterreich.gv.at. You can pay it in cash or in the form of a savings book (Sparbuch). If you pay in cash, the landlord must invest it at interest, separately from their own assets. It is returned with interest after the lease ends, without delay once the flat is returned in good condition. The source gives no precise legal deadline.
Make a written entry inspection (Übergabeprotokoll) with photos. Disputes about deposits go to the district court (Bezirksgericht), not to the conciliation boards, so dated photos are your best protection.
What are the other costs?
- Stamp duty: residential leases are exempt from the lease fee (Mietvertragsgebühr). The 1% rate applies only to other leases, such as business premises.
- Heating and furniture: 20% VAT.
- Broadcasting contribution: the ORF-Beitrag of €15.30 a month (the figure on oesterreich.gv.at, to reconfirm for 2026) is due for each address where at least one adult has a main residence; flatmates pay once, together.
- Property tax: the Grundsteuer is owed by the owner, but may be passed to you in the running costs. Look at the statement (Betriebskostenabrechnung).
Can you rent municipal housing in Vienna?
Vienna's Gemeindewohnung is reserved for people who meet strict criteria: at least 17 years old, two years of continuous main residence in Vienna, Austrian or equivalent status (EU, EEA, Swiss), and a net income below a ceiling (€61,280 a year for one person in 2026, €91,320 for two, €103,330 for three, €115,360 for four, plus €6,730 per additional person). You first need a Wiener Wohn-Ticket with justified housing need, issued by Wohnberatung Wien. Registration is free. Because of the two-year rule, newcomers rent privately first. Third-country nationals are admitted only with a long-term residence right under the NAG or refugee status, while pre-2021 British residents holding an Article 50 title can rely on equal treatment.
How do you end the lease?
Send a signed termination by registered letter with proof of delivery. An email is not enough. For an open-ended lease, the notice is generally one month for the end of a month (check your contract). For a fixed-term lease under the MRG, after one year you can leave with three months' notice for the end of a month.
Also register your address within three days when you move in; see Meldezettel. If you intend to buy rather than rent, see buying property in Austria.
What are the most common traps for tenants?
Assuming every rent is capped. The Richtwertmiete ceiling applies only to flats under full application of the MRG, mostly older buildings from before 1945. In a recent building or an owner-occupied flat, the rent is free. A high rent in a new building is not illegal; the same rent in an old building might be.
Accepting a three-year lease from a company. Since 1 January 2026, a professional landlord must offer at least five years for a fixed-term lease. A fixed term agreed before 1 January 2026 stays under the old rule (§ 49k(4) MRG).
Forgetting the 25% reduction. In an old building with a capped rent, a fixed-term lease must cost at least 25% less than the cap.
Paying the agent out of habit. You pay only if you commissioned the agent.
Terminating by email. The notice must be signed; send it by registered mail.
Leaving without an inspection. Take photos on the day you get the keys and the day you hand them back.
Where can you get free advice?
Conciliation boards (Schlichtungsstellen) in some cities and tenants' associations can check your rent and your contract; ask them before you start a dispute. For tax and charges questions, see the finance ministry pages. For general settling advice, our guide to moving to Austria lists what comes next.
What differs by province?
The tenancy law is national, so the MRG is the same in Salzburg, Graz or Vienna. What differs is the reference rent (see the table above), social and subsidised housing, which each province and municipality runs with its own conditions, and local second-home rules if you plan to rent out or use a flat occasionally. If you are comparing cities, our article on the best places to live in Austria covers these differences province by province.