No, your sub-tenant must rent your flat as a second flat (i.e. he must maintain his main residence) and rent your flat of professional or holiday reasons.
The full exemption of the rental law for subletting to professionals only applies for flats in furnishing categories A and B. You can find the criteria for determining the furnishing category here: Criteria for the furnishing categories in Austria
Irrespective of the rental period, purpose or furnishing category, sublease contracts for flats in a house with no more than two properties are entitled to the full exemption.
Note: There are special cases and exceptions under Austrian law. The explanations offered here do not claim to explain all legal aspects. They merely relate to the situation of the majority of people in our target group: private individuals who would like to sublet their flat while they are away and who conclude a contract that is not subject to the Law on Tenancy.
No responsibility is taken for the correctness of this information.
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