Austrian Tenancy Law (Mietrecht): The MRG Explained

Tenancy law in Austria, Mietrecht, is governed primarily by the Mietrechtsgesetz, the MRG, alongside the general lease provisions of the ABGB. It is a distinct body of law from Germany's Mietrecht under the BGB, and treating the two as interchangeable is one of the most common mistakes an English speaking renter or landlord in Austria can make.

This page is a starting point for the cluster. It sets out the organising fact that decides almost every other rule, the three tier structure of § 1 MRG, then orients to the operating cost rules, the rent cap rules, and how a tenancy actually ends, each covered in full depth on its own page.

Information last verified on 22 July 2026. This page provides general legal information about Austrian law and does not constitute legal advice in an individual case.

Why Austria is not Germany here

German language search results about Mietrecht are dominated by German law, written for a German audience under the BGB. Austria's civil code is the ABGB, and its tenancy statute is the MRG, a separate act with its own tier structure, its own rent cap systems and its own list of termination grounds.

An Austrian flat is never governed by the BGB, and a rule that is accurate for a German rental, such as a notice period or a rent index, does not carry over. Anyone researching a rental situation in Vienna, Graz, Linz or elsewhere in Austria should confirm they are reading Austrian sources, not German ones, before relying on a figure.

The organising fact: the three MRG tiers under § 1

§ 1 MRG does not list covered buildings directly. It sets a general scope, then carves out exceptions, and what is left after the carve outs falls into one of three tiers. Which tier a flat sits in decides whether there is a rent cap, and separately, whether the landlord needs a statutory ground to end the lease.

The date that separates Vollanwendung from Teilanwendung is a specific one: a building permit issued on or before 30 June 1953 keeps an unsubsidised multi-unit building in full application, while a permit dated 1 July 1953 or later moves it to partial application. Subsidised housing stays in full application regardless of its permit date, because the Teilanwendung carve out only reaches construction built without public funds.

Getting this tier wrong makes every other figure wrong. A Teilanwendung tenant who looks up a Richtwert for their Bundesland will get a number that simply does not apply to their flat, since Teilanwendung carries no rent cap at all. Confirming the tier, from the building's unit count and permit date, is the necessary first step before checking any rent figure or termination rule.

Operating costs at a glance

Separately from the rent cap question, Austrian tenancy law fixes exactly which running costs of a building a landlord may pass on to tenants. § 21 MRG lists a fixed set of categories, from water supply and common area lighting to fire insurance and a capped administration fee, and the list is exhaustive: a cost that is not on it, most commonly a building repair or renovation expense, is not a valid Betriebskosten charge no matter how it is billed.

This applies to Vollanwendung tenancies and works the same way regardless of whether the rent itself is capped. The full breakdown, including which items are conditional on tenant consent and which common charges such as lift and heating costs sit outside § 21 entirely, is covered on the operating costs page. The Betriebskosten-Checkliste tool on this site lets a tenant check a specific line item from their own Betriebskostenabrechnung against that list.

Rent limits at a glance

Inside Vollanwendung, Austria runs two separate rent cap systems. The Richtwertmietzins applies to tenancies let on or after 1 March 1994 and starts from a base figure set separately for each of the nine Bundesländer, then adjusted for location and condition. The older Kategoriemietzins still governs earlier contracts, a flat euro amount per square metre by fitting out category.

Both figures are valorised on a schedule, and the current values took effect on 1 April 2026 after a rent brake had frozen the previous figures for an unusually long stretch. Teilanwendung and Vollausnahme tenancies have no equivalent cap at all, so the rent is set by the market or the individual contract. The full tier by tier breakdown, the current Richtwerte for every Bundesland, and a worked rent calculation are on the rent control under the MRG page.

Ending a tenancy and eviction at a glance

A tenant in a Vollanwendung or Teilanwendung lease can generally end an open ended lease on ordinary notice. A landlord in the same lease cannot: termination is limited to one of 16 statutory grounds in § 30 MRG, and it can only be done through a court process, a gerichtliche Aufkündigung under § 33 MRG, never by letter.

Fixed term leases have their own rules, including a minimum enforceable term that changed on 1 January 2026, and a tenant's unwaivable right to exit early after the first year. None of this applies in a Vollausnahme tenancy, where the ABGB governs and a landlord can terminate on ordinary notice without a statutory ground. The mechanics of both routes, along with the arrears cure that can stop an arrears based termination, are set out on the ending a tenancy page.

Winning a court termination is not the end of the process either. The landlord still needs an enforceable Räumungstitel, the court can grant the tenant extra time to move out under § 34 MRG, and only after that period expires does physical enforcement through the Exekutionsordnung follow. The full sequence, including the same arrears cure applied to an eviction lawsuit, is covered on the eviction page.

Where a tenancy falls outside the MRG

Not every rental in Austria is governed by the MRG at all. A house with no more than two independent flats, housing tied to an employment relationship, and a short let of six months or less for recreation or leisure purposes are all carved out into Vollausnahme, full exclusion, under § 1 Abs 2 MRG.

In that situation the ABGB's general lease provisions apply instead, rent is a matter of contract, and a landlord can end an open ended lease on ordinary notice without needing one of the § 30 grounds. Anyone unsure whether their rental sits inside or outside the MRG should check the building's unit count and their lease terms before assuming either set of rules applies.

How this cluster is organised

Each of the linked pages below goes into the depth this hub cannot cover on its own.

• Operating costs: the exhaustive § 21 MRG list, what a landlord cannot charge, and the current Verwaltungshonorar figure.
• Rent control under the MRG: the three tier structure in full, the Richtwertmietzins and Kategoriemietzins systems, and the current Richtwerte by Bundesland.
• Ending a tenancy: fixed term versus open ended leases, the 2026 change to minimum fixed term lengths, and the statutory termination grounds.
• Eviction: how a Räumungstitel is obtained, the arrears cure, the Räumungsfrist, and what enforcement actually involves.

For the wider Austrian legal system, including the courts and how Austrian citations work, see the Austria overview.

Frequently Asked Questions

Is Austrian tenancy law the same as German tenancy law?

No. Austria has its own tenancy statute, the Mietrechtsgesetz, alongside the ABGB, and neither is the same as Germany's BGB. A search result written for German Mietrecht will often cite the wrong notice periods, the wrong rent cap system and the wrong termination grounds for an Austrian tenancy.

How do I know if my rented flat has a rent cap in Austria?

It depends on which of the three MRG tiers the flat falls into. Only Vollanwendung, full application, carries a rent cap. A Teilanwendung flat has no rent cap even though it still has termination protection, and a Vollausnahme flat has neither. The building's permit date and unit count are usually the fastest way to tell.

What are Betriebskosten and are they separate from the rent?

Betriebskosten are the operating costs of running the building, billed on top of the base rent under an exhaustive list in § 21 MRG. They are a distinct legal category from the rent cap rules, and the list of what can be charged is the same regardless of which MRG tier the tenancy sits in.

Can a landlord in Austria end my lease just by giving notice?

Only in a Vollausnahme tenancy, where the MRG does not apply at all. In a Vollanwendung or Teilanwendung tenancy the landlord needs one of the statutory grounds in § 30 MRG and must go through a court process, never a letter.

How long can a fixed term rental contract be in Austria now?

Since 1 January 2026 the minimum enforceable term for a written residential fixed term lease is five years, or three years where the landlord is not acting as a business under the Konsumentenschutzgesetz. A term shorter than that, or one not validly agreed in writing, is treated as an open ended lease instead.

What happens if I fall behind on rent in Austria?

Rent arrears is the most commonly used termination ground, but a tenant who is not seriously at fault can generally have the termination set aside by paying everything owed before the first instance hearing closes. The details of that cure right, and of the eviction process that follows if it is not used, are covered on the dedicated pages linked below.

Does an eviction happen quickly once a landlord wins in court?

Not necessarily. A court can grant extra time to move out beyond the ordinary period, and only after that time runs out, and the occupant still has not left, does enforcement through the Exekutionsordnung follow. There is no fixed statutory number of weeks for the whole process.