Investment transfer
In Austrian rental contract law, investment transfer refers to a transfer fee for a significant improvement in the rental apartment that the main tenant has made in the last twenty years before the end of the rental agreement and that is effective and useful beyond the rental period.
The justified investment redemption is regulated in § 10 Tenancy Law (MRG) and represents an exception to the fundamentally applicable transfer ban (§ 27 Paragraph 1 No. 1 MRG).
In most cases, cooperative housing is affected by the “investment redemption” issue. Section 20 (5) of the Non-Profit Housing Act (WGG) contains a provision corresponding to Section 10 of the MRG for the replacement of investments.
If a non-profit building association (GBV) allows the previous tenant to negotiate a replacement with the future tenant, both negotiating partners may agree on a replacement for investments or furniture. However, the agreement is not binding. In addition, the agreement is only permissible if the agreed amount corresponds to the actual performance. Of course, no fee may be charged for a beautiful view.
If the legal framework conditions are not observed, the vernacular speaks of a "black transfer fee". Repayment can be requested via an arbitration board.
Individual evidence
- ↑ Federal Act of November 12, 1981 on Tenancy Law (Tenancy Law - MRG) jusline.at, accessed on October 4, 2018
- ↑ Replacement website of the Federal Chancellery , accessed on October 4, 2018
- ↑ Federal Act of March 8, 1979 on Charitable Housing (Non-Profit Housing Act - WGG) jusline.at, accessed on October 4, 2018
- ^ Chamber of Labor for Vienna: Right of residence for tenants of cooperative apartments 6th edition July 2013, p. 178 ff.
- ↑ Redemption, reimbursement of investment costs and other one-off payments in tenancy law Website of the Austrian Tenants' Association , August 24, 2017
