For how long can I sub-let my apartment?

If you sublet your flat to a sub-tenant who rents it because of an change of location due to employment, the maximum rental period is limited to six months. This restriction is very important. If you exceed this rental period, the contract may be deemed to be an unlimited sublease contract that you will only be able to terminate on the basis of the strict termination provisions under the Law on Tenancy.

This also applies if you sublet the flat for six months and then extend the sublease contract.

By contrast, if you sublet to a sub-tenant who rents your flat for recreation or leisure purposes, this time restriction does not apply. Sub-letters in Salzburg should note the Regional Planning Act (Raumordnungsgesetz)that is applicable there.

Note: The situation that applies to students remains unresolved under Austrian law. Studies are not considered employment or recreation and thus contracts with students do not fall under the scope of full exemption. This does not include contracts with working students who carry out an employment activity in addition to their studies.

May the sub-tenant or I cancel the contract during this period?

The contract cannot be terminated during the agreed rental period, unless the sub-tenant causes substantial damage to the rental property or is more than one month behind on the rental payment.

 

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.