Housing

Steps

1. Identify the regime of your future home. As a general rule, the MRG applies fully (Vollanwendung) to homes in buildings with at least three dwellings built before 9 May 1945, except after complete renovation and except for condominiums: the rent there is capped. It applies partly (Teilanwendung) to new unsubsidised buildings and to condominium flats (Wohnungseigentum): free rent, but protection against termination. It does not apply (Vollausnahme) to buildings with at most two dwellings or premises (attics converted afterwards do not count): the Civil Code (ABGB) then applies.
2. Check the rent if the MRG applies fully. The base rent is capped by the Richtwertmietzins (reference rent per m², set by Land), with surcharges or reductions depending on floor, fittings, condition and location. As of 1 April 2026, the reference value is €6.74 per m² per month in Vienna. For a fixed-term lease, this cap is reduced by 25% (Befristungsabschlag).
3. Read the lease before signing. Note the term (fixed or not), the net rent, the service charges (Betriebskosten), the VAT (10% on the rent, 20% on heating and furniture) and the indexation clause. A fixed-term lease must be in writing.
4. Pay the deposit (Kaution), in cash or as a savings book (Sparbuch). If you pay it in cash, the landlord must invest it at interest, separate from their own assets.
5. Do a written move-in inspection with photos (Übergabeprotokoll): it protects you when getting your deposit back.
6. Register your residence within 3 days (Meldezettel, see AT-SEJOUR-TOUS-001).
7. To leave, send a signed notice by registered letter with acknowledgement of receipt. Open-ended lease: generally one month's notice for the end of a month (check your contract). Fixed-term lease within the scope of the MRG: after one year, three months' notice for the end of a month (at the earliest for the end of the 16th month); outside the scope of the MRG, a fixed-term lease only ends at its term, except for serious grounds. An email is not enough.

Documents

• ID (passport or identity card).
• Proof of income often requested by landlords (payslips, employment contract): common practice, no official list.
• Signed written lease and move-in inspection.
• Municipal housing in Vienna (Gemeindewohnung): you first need a Wiener Wohn-Ticket "with justified housing need". Documents requested: ID, proof of nationality, birth certificate, Meldebestätigung less than 3 months old, civil status documents (marriage, divorce), current proof of income.

Costs and timelines

• Deposit: set by the contract; 3 gross monthly rents (net rent + service charges + 10% VAT) is customary, up to 6 gross monthly rents are allowed (oesterreich.gv.at, 2026). It is returned with its interest after the end of the lease, without delay once the home has been handed back in good condition. No precise legal deadline indicated by the source.
• Agency fees (Maklerprovision): since 1 July 2023, paid by the person who instructed the agent (Bestellerprinzip). If you were the one who instructed them: at most 2 gross monthly rents for an open-ended lease or one of more than 3 years, 1 gross monthly rent for a lease of 3 years or less (one more month's rent can be charged if the lease is then extended beyond 3 years or made open-ended), plus 20% VAT. Here the gross monthly rent is the net rent plus service charges, without VAT or heating, but with the price of rented furniture (unlike the gross monthly rent for the deposit, which includes the 10% VAT).
• Reference values (Richtwerte) as of 1 April 2026, in € per m² per month: 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 (Statistik Austria).
• Rents by category (Kategoriemietzins, mainly for older leases) as of 1 April 2026: category A €4.51, B €3.38, C €2.25, D €1.13 per m² (€2.25 for a D home in usable condition).
• Rent indexation (Mieten-Wertsicherungsgesetz, since 01/01/2026): for a residential lease within the scope of the MRG, the rent can only be indexed once a year, on 1 April, according to the previous year's inflation; above 3% inflation, only half of the excess counts. For capped rents, the increase is limited to 1% (2025 inflation, applied in April 2026) then 2% (2026 inflation).
• Stamp duty on the lease (Mietvertragsgebühr): residential leases are exempt (USP, 2026). The general rate of 1% applies to other leases (business premises…) when there is a written document.
• Gemeindewohnung (Vienna): you must be at least 17, have two years of continuous main residence in Vienna (with no declared secondary residence for the Wohn-Ticket with justified need), be Austrian or treated as such (EU or EEA citizen, Swiss national) and not exceed a net income ceiling: €61,280 per year for one person, €91,320 for two, €103,330 for three, €115,360 for four, plus €6,730 per additional person (2026 position). Free registration on wohnberatung-wien.at. The allocation time varies.

Common pitfalls

• Believing that every rent is capped. The cap (Richtwert) only applies to homes under full application of the MRG, mainly old buildings from before 1945. In a recent building or a condominium flat, the rent is free.
• Accepting a 3-year lease with a professional landlord. Since 01/01/2026, within the scope of the MRG, a professional landlord (Unternehmer within the meaning of the consumer protection law) must offer at least 5 years for a fixed-term lease; the 3-year rule only applies to a landlord who is not a professional. The new rule applies to leases concluded or renewed after 31/12/2025; a fixed term agreed before 01/01/2026 remains subject to the old rule (§ 49k para. 4 MRG).
• Forgetting the 25% reduction. In an old building with capped rent, a fixed-term lease must cost at least 25% less than the cap. An excessive rent can be challenged before the court or, in some cities, before the municipality's conciliation board (Schlichtungsstelle), in principle within 3 years; for a fixed-term lease, this period does not end before 6 months after the end of the lease or its conversion into an open-ended lease, and the limitation period is then 10 years (§ 16 para. 8 MRG).
• Paying agency fees out of habit. You only pay if you were the one who instructed the agent.
• Terminating by email. Notice must be signed; send it by registered post.
• Leaving without an inspection. Deposit disputes go to the district court (Bezirksgericht), not to the conciliation boards: dated photos will save you a lot of trouble.
• Aiming for municipal housing on arrival. The two years of main residence in Vienna are mandatory: you will first have to rent privately.
• Free advice: the conciliation boards (Schlichtungsstellen) and tenants' associations can check your rent; ask them before acting.

What changes by country of origin

• EU and EEA citizens, Swiss nationals: same lease rules as Austrians; they are treated as Austrians for the Wiener Wohn-Ticket.
• British nationals (including Scots): tenancy law is the same. For municipal or subsidised housing in Vienna, Wohnberatung Wien only admits a third-country national if they have a long-term right of residence under the NAG (law on settlement and residence) or refugee status. If you were already living in Austria before 2021 (permit under "Artikel 50 EUV"), the Withdrawal Agreement guarantees you equal treatment with Austrians (Art. 23): assert it with your permit.
• Other Länder: tenancy law (MRG) is national, but social and subsidised housing is managed by each Land and each municipality, with its own conditions (not detailed here).