Rent Act
The Rent Act (MG) in Austria of December 7, 1922 was a federal act on renting residential and business premises. It was re-published in 1929 and was valid until December 31, 1981. The law was passed in 1922 with the votes of the Social Democrats , Christian Socialists and the Greater German parliamentary group . The only exception was the Landbund .
Tenancy regulations before the MG
Before the Rent Act, there were various ordinances and decrees to protect tenants, otherwise there was largely contractual freedom . Until 1917 tenancy regulations were found exclusively in the ABGB .
While in Liechtenstein the regulations on lease contracts and others in the ABGB (Liechtenstein) have been supplemented (§ 1090 ABGB, Articles 1 to 109), in Austria a separate code of law was created with regard to tenancy law ( lease contracts are still generally regulated in the ABGB) .
The Rent Act was last amended by a federal act in 1976 by replacing the amounts of "500 S " in § 29 and § 33 MG with amounts of "1000 S" each and in § 43 MG the amount of "3000 S" by the amount of "6000 S" was replaced.
Tenancy law regulations according to the MG
On January 1, 1982, the Tenancy Law (MRG) came into force and replaced the Tenancy Law. Sections 43 ff MRG (II. Main part of the MRG) still contain provisions on existing rental contracts and transitional regulations.
The rent law was the still recognizable template for the tenancy law in terms of structure and content.
Construction of the MG in the version 1922
- § 1 Scope of the Act
- § 2 and § 3 Statutory rent
- § 4 Operating Costs and Public Charges
- § 5 Surcharge for special expenses; Elevator; Collective heating u. like
- § 6 Use of the maintenance interest
- § 7 to § 9 Admissibility of the increase in the maintenance interest
- § 10 Use of the fire insurance sum in the event of damage
- Section 11 Compensation Fund
- § 12 General increase in the maintenance interest
- § 13 Offsetting of services against the rent
- § 14 Start of the effectiveness of the rent increase
- § 15 Long-term rental agreements
- § 16 Rent and other remuneration for subletting
- § 17 Rental with provision of furnishings by the house owner
- § 18 Unlawful Agreements
- § 19 to § 22 restrictions on termination
- § 23 contracts of a certain duration
- § 24 Judicial moratorium for mortgages on rented properties
- § 25 to § 36 rental commissions
- Section 37 Tenant Protection and Housing Requirement
- Section 38 to Section 41 Extension of the eviction periods for rented living space
- Section 42 Execution Restrictions
- Section 43 Criminal Provisions
- Section 44 to Section 52 Fees and Final Provisions
Structure of the MG in the 1929 version
- § 1 Scope of the Act
- § 2 and § 3 Statutory rent
- § 4 Operating Costs and Public Charges
- § 5 Surcharge for special expenses; Elevator; Collective heating u. like
- § 6 Use of the main rent
- § 7 to § 9 Admissibility of the increase in the main rent
- § 10 Use of the fire insurance sum in the event of damage
- § 11 Offsetting of services against the rent
- § 12 Start of the effectiveness of the rent increase
- § 13 Long-term rental agreements
- § 14 Rent and other remuneration for subletting
- § 15 Rental with provision of furnishings by the house owner
- § 16 and § 17 Permissible and inadmissible agreements on the amount of the main rent
- § 18 Making changes to the rental object
- § 19 to § 22 restrictions on termination
- § 23 contracts of a certain duration
- § 24 Judicial moratorium for mortgages on rented properties
- § 25 to § 37 rental commissions
- Section 38 to Section 41 Extension of the eviction periods for rented living space
- Section 42 Execution Restrictions
- Section 43 Criminal Provisions
- Section 44 to Section 52 Fees and Final Provisions
literature
- Karl Zingher (ed.): The rent law. In the version of the rent law amendment 1974 including the relevant provisions. With detailed explanations and the latest case law (= Manz law editions. Special edition 20). 16th, revised edition. Manzsche publishing and university bookstore , Vienna 1974, ISBN 3-214-03201-1 .
Web links
- Text of the rent law (in fracture ) in the version of the 1,922th
- Text of the Rent Act (in Fraktur ) in the version from 1929.
Individual evidence
- ↑ Federal Act on the Rent of Apartments and Business Premises (Rent Act), Federal Law Gazette No. 872
- ↑ with Federal Law Gazette No. 210/1929.
- ↑ Cf. Robert Lukan: The struggle for tenant protection in the Seipel era 1922 - 1929. Dissertation on obtaining a doctorate in philosophy from the field of history, submitted to the University of Vienna , Vienna 2005, p. 5.
- ↑ For example, the ordinance on the protection of tenants of January 26, 1917, which largely restricted the landlords' right of termination and the rent was limited to the extent that rent adjustments were only possible with regard to changed operating and maintenance costs and the higher taxes since the start of the war .
- ↑ Karl Zingher (ed.): The rent law. In the version of the rent law amendment 1974 including the relevant provisions. With detailed explanations and the latest case law , p. 2.
- ↑ Article XIX in Federal Law Gazette No. 91/1976.
- ↑ Federal Law Gazette No. 520/1981.
- ↑ According to § 58 Abs. 1 of the Tenancy Law.
