Tenancy Law

Basic data
Title:	Tenancy Law
Long title:	Federal Law of November 12, 1981 on Tenancy Law
Abbreviation:	MRG
Type:	Federal law
Scope:	Republic of Austria
Legal matter:	civil right
Reference:	Federal Law Gazette No. 520/1981
Date of law:	1st December 1981
Effective date:	January 1, 1982
Last change:	Federal Law Gazette I No. 58/2018
Legal text:	Tenancy Law
Please note the note on the applicable legal version !

The Tenancy Law (MRG) of November 12, 1981 is a federal law governing the rental of residential and business premises. It is the successor to the 1929 Rent Act , which was published again in 1929 and was in force until December 31, 1981.

history

Until 1917, tenancy law provisions were found exclusively in the ABGB , which provided extensive freedom of contract as a leitmotif. Specific tenant protection legislation had its origin, among other things, in an imperial emergency ordinance of 1917. Even before the war began, there was a great housing shortage, especially in Vienna. The inflation during the war years led to enormous rent increases and massive layoffs, and as a result to unrest. The "Ordinance on the Protection of Tenants" of January 26, 1917 largely restricted the landlords' right of termination and froze the rent to the extent that rent adjustments were only possible with regard to changed operating and maintenance costs and the taxes that had risen since the start of the war.

On December 7, 1922, the Rent Act was passed with the votes of all parties, the Social Democrats , the Christian Socialists and the Greater German parliamentary group with the exception of the Landbund . In terms of structure and content, the Rent Act - despite all the differences - is a recognizable template for the current Tenancy Law (MRG) of 1982. "This rent law, enriched with a lot of social democratic ideas, had become necessary because on the one hand the housing shortage had deteriorated dramatically since the enactment (sic!) Of the tenant protection ordinance (MSchVO) and on the other hand the prohibition of rent increases had turned out to be a danger for the necessary house renovation."

scope

The Tenancy Law generally applies to the rental of residential and business premises of all kinds as well as cooperative usage agreements ( Section 1 (1) MRG). Certain rental objects are completely excluded from the scope of application ( Section 1 (2) MRG), only certain provisions of the MRG are applicable to other rental objects ( Section 1 (3) to (5) MRG).

Subsidiary applicable general regulations for lease contracts can be found in the general civil code (§§ 1090 ff ABGB), special regulations (e.g. for operating cost accounting) also in other special laws. The provisions of the Tenancy Law are unilaterally mandatory. This means that it may not be deviated from to the disadvantage of the tenant. Special regulations in the Consumer Protection Act supplement the Tenancy Law.

The MRG differentiates between main and sub-leases. According to Section 2 (1) MRG, the main rent is when the rental agreement is concluded with the owner or the real or mandatory beneficiary of the property or with the tenant or leaseholder of an entire house. Subletting occurs when the rental agreement is concluded with a person who is not named in Section 2 (1). The distinction is important because the main provisions of the MRG require a main rental agreement.

If a sublease agreement has been concluded to circumvent the rights to which a main tenant is entitled under the MRG, the tenant can request to be recognized as the main tenant with the rights and obligations arising from the MRG. The burden of proof is reversed in favor of the tenant . The landlord must prove that he does not intend to circumvent ( Section 2 (3) MRG).

Full application of the MRG

The law applies according to Section 1 (1) MRG for the rental of the following rental objects:

• Apartments, individual apartment parts or business premises of all kinds (such as in particular business premises, warehouses, workshops, work rooms, offices or offices) including the approximately
• rented (§ 1091 ABGB) house or floor space (such as in particular house gardens, storage, loading or parking areas) and
• for the cooperative usage contracts for such objects.

Partial application of the MRG

According to Section 1, Paragraph 4 of the MRG, only Sections 14, 16b, 29 to 36, 45, 46 and 49 MRG apply, but not the other provisions of Chapters I and II for

• Rental objects that are located in buildings that have been newly constructed without the aid of public funds on the basis of a building permit issued after June 30, 1953,
• Rental objects that have been newly built through the expansion of an attic or a construction on the basis of a building permit issued after December 31, 2001, as well as undeveloped attic rooms that are rented with the agreement that - even if partially or fully by the main tenant - an apartment or business premises will be built either in them or in a construction carried out in their place,
• Rental objects that have been newly built through an extension based on a building permit issued after September 30, 2006,
• Rented objects that are owned by the apartment if the rented objects are located in a building that was newly constructed on the basis of a building permit issued after May 8, 1945.

Another restrictive exception can be found in Section 1 (5) MRG, according to which:

• the §§ 14 and 29 to 36 MRG for rented objects in a business park apply, but in which not predominantly commercial enterprise in accordance with the Industrial Code operated 1973rd

Non-application of the MRG

The tenancy law does not apply to:

1. Rental objects that are rented out for single or elderly people, apprentices, young workers, schoolchildren or students in the context of the operation of an accommodation, garage, transport, airport, freight forwarding or warehouse company or a specially equipped home,
2. Apartments or living spaces that are rented by a charitable or humanitarian organization as part of socio-educationally assisted living,
3. Apartments that are left on the basis of an employment relationship or in connection with such a service, property or company apartment,
4. Rental contracts that expire without notice of termination, provided that the original or extended contractual duration does not exceed six months and the rental object is a) business premises or b) an apartment in equipment category A or B (Section 15a (1) (1) and (2) ) and the tenant rents it only for the purpose of using it as a second home as agreed in writing because of a temporary change of location caused by employment,
5. Apartments or living spaces that are rented by the tenant as a second home for recreational or recreational purposes; A second home within the meaning of Z 3 and 4 exists if there is also a habitual residence within the meaning of § 66 JN and one of the most important non-application areas:
6. Rented objects in a building with no more than two independent apartments or business premises, whereby rooms that were or will be created later by expanding the attic do not count (in the latter case, only the provisions of the ABGB apply in the majority of cases).

Main purpose of the MRG

The main purpose of the Tenancy Law Act in practice is to ensure tenant protection in the following areas:

• Maintenance obligations of the lessor (§ 3),
• Determination of rent caps (§§ 16 ff, 26) and
• Protection against dismissal (§§ 29 ff).

Other areas that are important in practice for protecting tenants are

• the legal right of entry into the rental agreement and restriction of the prohibition of subletting (§§ 11-14),
• Establishing prohibited agreements, for example on inadmissible investment redemptions and penal provisions (Section 27),
• Application of the out-of- dispute procedure (Sections 37 - 41),
• Execution restrictions (Section 42) and that
• Preferential lien (Section 42a).

Structure of the MRG in the version January 1, 2018

Due to multiple amendments , the MRG has become very complex, especially with regard to the transitional, enforcement and exception provisions, and the legal text can hardly be taken from the MRG as a matter of course.

• I. main piece (rent)
  • § 1 scope
  • § 2 main and sub-lease
  • § 3 Conservation
  • § 4 Useful improvement through structural engineering measures
  • § 5 Useful improvement by uniting apartments; Obligation to make an offer
  • § 6 Order to carry out maintenance or improvement work
  • § 7 Restoration Obligation
  • § 8 Scope of the right of use
  • § 9 Change (improvement) of the rental object
  • § 10 reimbursement of expenses for an apartment
  • Section 11 Prohibitions against subletting
  • § 12 Assignment of tenancy law
  • § 12a Sale and leasing of a company
  • § 13 Home exchange
  • § 14 Tenancy Law in the Event of Death
  • § 15 rent for main rent
  • § 15a Equipment categories and category amounts
  • § 16 Agreements on the amount of the main rent
  • Section 16a Ineffectiveness of interest rate adjustment clauses and rental agreements
  • § 16b deposit
  • § 17 Share of the total costs; Usable area
  • § 18 Increase in the main rent
  • Section 18a Decision in principle and provisional increase
  • § 18b costs of renovation measures
  • § 18c Subsequent new construction of rental objects
  • § 19 Application and Decision
  • § 20 main rent statement
  • § 21 Operating Costs and Current Public Charges
  • Section 22 Administration expenses
  • § 23 expenses for housekeeping
  • § 24 Share of special expenses
  • § 25 Fee for co-rented furnishings or other services
  • Section 26 Sub-rent
  • Section 27 Prohibited agreements and penal provisions
  • § 28 Offsetting of services against the main rent
  • § 29 termination and renewal of the rental agreement; Returning the rental object
  • § 30 termination restrictions
  • Section 31 Partial Termination
  • Section 32 Replacement
  • Section 33 Judicial termination
  • Section 33a Notification of the municipality
  • Section 34 Extension of the eviction period in the judgment
  • § 34a Eviction Protection of the Fictitious Subtenant
  • § 35 expiry of the enforcement title; Postponement of the eviction execution
  • Section 36 Compensation for damage caused by renting
  • Section 37 Decisions in proceedings other than disputes
  • Section 38 Statement by the municipality as the building authority
  • Section 39 Decision by the municipality
  • Section 40 Referral to the court
  • Section 41 Cancellation of the interruption of a termination or eviction procedure
  • Section 42 Limitation of Execution
  • Section 42a preferential lien for maintenance work
• Section II (provisions on existing rental agreements and transitional provisions)
  • § 43 General principles
  • Section 45 Stable value of the rent
  • Section 46 Main rent when entering into an existing rental agreement for an apartment
  • Section 46a main rent for existing rental contracts for business premises
  • Section 46b Requirements for an increase request
  • § 46c main rent with previous standard increase
  • § 47 operating costs; Conversion of the distribution key
  • Section 48 Pending Proceedings; approved rent increases
  • Section 49 Transitional provision under termination law
  • Section 49a Effectiveness of earlier time limits
  • Section 49b Transitional provision for time limits and accounting provisions
  • Section 49c Transitional regulation for the 2000 amendment to the right of residence
  • Section 49d Transitional regulation for the 2001 amendment to the tenancy law
  • Section 49e Transitional regulation for the 2006 amendment to the right of residence
  • Section 49f Transitional regulation for the 2009 amendment to the right of residence
  • Section 49g transitional regulation for the 2015 amendment to the right of residence
  • Section 50 Announcement in accordance with Section 39 Paragraph 2
  • Section 51 Transitional provision for the rent reserve
  • Section 52 Transitional regulation for loan and credit agreements
  • Section 52a Transitional Lien Regulations
• III. Main part (amendment of the Repayment Favor Act), § 53
• Chapter IV (Amendment of the Housing Promotion Act 1968), Section 54
• V. main part (amendment of the Charitable Housing Act), § 55
• VI. Main part (Amendment of the Condominium Act 1975), Section 56
• VII. Main part (tax regulations), § 57
• VIII. Main part (coming into effect and expiring), § 58
• IX. Main part (execution), § 59
  • Article 9 (implementation note)
  • Section II (transitional provisions)
  • Article II (entry into force; transitional provision)
  • Article IV (entry into force and transitional provisions)
  • Article V (transitional and enforcement provisions)
  • Article V (final and transitional provisions)
  • Article IX (entry into force, transitional provisions)

Tenant's Obligations

Main rent

A fixed-term discount of 25% must be offset from the main rent for fixed-term leases in the full scope of the MRG. This deduction only no longer applies if, when converting a fixed-term tenancy into an open-ended tenancy, the amount in the original tenancy agreement was numerically represented.

The types of rent formation are:

Free rent according to ABGB

A free rent with no upper limit (except: usury and laesio enormis ) can only be prescribed in tenancies that are subject to the full or partial exemption of the MRG.

Statutory rent formation according to MRG

Reasonable main rent

This rent is de facto a market rent. It can be checked by the authorities (in contrast to the free rent) and is applicable to the following tenancies that are fully subject to the MRG:

• Rent of commercial premises and offices
• Rent of rental objects in new buildings with a building permit after May 9, 1945
• Renting of new rental objects created through additions, conversions, installations or superstructures with a building permit after May 9, 1945
• Rent in listed buildings for which the landlord invested considerable own funds after May 9, 1945
• Rent in buildings for which preferential repayment of residential building reconstruction funds is made in accordance with the Repayment Favor Act 1971
• Rent of apartments in categories A and B with more than 130 m² of usable living space which were rented at the latest six or twelve months after an improvement
• Rent based on a written agreement after a period of at least one year of an indefinite tenancy
• Rent in rented objects for which preferential repayment of residential building reconstruction funds is made in accordance with the Repayment Favor Act 1971
• Rent in rental objects for which a category upgrade was started before October 1, 1993.

Sublease

Any sub-rent may exceed the main rent by a maximum of 50%. However, operating costs may only be passed on to the sub-tenant in the actual amount.

Guideline rent

The guideline is the amount that is specified for the standard rental apartment (fictitious comparative apartment) for each federal state. The standard rental property has a category A equipment and is located in a properly maintained house in an average location. The basis is formed by data from the subsidized new building from 1992. The guide values ​​are revalued every two years.

The guideline rent can be stipulated in the full scope of the MRG in old buildings with a building permit before May 9, 1945 and an equipment category of at least C.

Surcharges and deductions are made from the guide value. These are based on the floor location, the location within the building, the equipment, the floor plan, the state of preservation of the building as well as the regional location and the equipment category of the apartment.

The circumstances that led to the so-called location surcharge - the surcharge for the reference value according to the regional location - must be communicated in writing at the latest when the rental contract is concluded. The reference to the location "outside a (worn-out, note) Gründerzeit quarter" is not sufficient for this.

Category rent

Equipment categories

The equipment categories of the rented rooms are decisive for the rent amount in the full scope of the MRG.

Features of the best equipment category "A" are:

• usable condition (i.e. functionally in order). No obstacles significantly hindering habitability such as B. Danger to health from obsolete electronics. Optical defects do not play a role.
• at least 30 m² of usable space
• an anteroom separated from a room immediately after the apartment entrance door (a combination with the kitchen / kitchenette is possible).
• Kitchen or kitchenette (at least consisting of sink and hob )
• Toilet inside the apartment
• Contemporary (ceramic-tiled) bathroom or bathing niche with shower or bathtub and ventilation to the outside.
• Central or floor heating
• (Additional) hot water connection outside the bathroom or bathing area

The characteristics of category "B" are the same as those of category A, but without the minimum size of 30 m², without heating and without additional hot water connection outside the bathroom or bathing area.

Features of equipment category "C" are:

• usable condition
• at least water and toilet inside the apartment.

Category D rent

A category D rent can be prescribed in the full scope of the MRG if no appropriate rent can be agreed. An apartment in equipment category D has no water connection or no toilet inside and is either in usable or unusable condition. The apartment is considered usable if there are no obstacles significantly hindering its habitability (e.g. health hazard due to outdated electrics).

Shared duty of landlord and tenant

Lease fee

In the time of Maria Theresa , the rental contract fee was introduced. The widespread illiteracy at the time made the assistance of imperial officials necessary in drawing up the contract. "Today the Fees Act 1957 is effective, according to which landlords and tenants are jointly obliged to pay the responsible tax office. In rental contracts, however, the tenant's obligation to pay is usually agreed 15. of the month following the conclusion of the contract.

Since November 11, 2017, 2 days after the change in the law was published, this fee obligation for renting apartments no longer applies. The decision was made at the last meeting of the National Council before the 2017 election . The abolition of the fee was already part of the government agreement in 2003. In 2007 the ÖVP only wanted to exempt "under-35-year-olds when signing a lease for the first time to establish their main residence".

The amount (for renting (predominantly) apartments to private individuals) was 1% of the gross rent multiplied by the duration of a - limited - contract, but not more than 36 months or 36 months for open-ended contracts.

For the rental of mainly commercially used properties, a rental contract fee must still be paid.

Tenant protection

In the context of the Tenancy Law, the tenant receives special protection in the drafting of the lease and its execution. These are e.g. B. mandatory provisions on rent and protection against dismissal.

Price protection

The price protection includes both the rent restriction, the finally listed operating costs of the property and regulations on the permissibility of one-off payments. The core of the price protection is that rent agreements that exceed the permissible main rent or sub-rent are ineffective.

The rent consists of the following parts:

• Main rent
• proportional operating costs and public taxes ( property tax )
• Share for special expenses (community facilities such as laundry room)
• Fee for co-let equipment (e.g. furniture rental) and other services of the landlord
• Sales tax (10% for residential use, 20% for business use).

Protection against dismissal

The lease as a continuing obligation is terminated by a notice of termination. The MRG regulates protection against dismissal, which includes both comprehensive protection against termination of the tenancy and fixed-term regulations. The protection against dismissal does not apply to the full exceptions to the applicability of the Tenancy Law, such as leases for single and two-family houses.

According to Section 30 of the Tenancy Law, the landlord's right of termination is limited to important reasons. An important reason exists in particular in accordance with § 30 Paragraph 2 Numbers 1 to 16:

1. Rent and / or management costs are at least eight days in arrears
2. Services stipulated in the rental agreement are refused contrary to the contract
3. the tenant makes a significantly disadvantageous use of the rental property;
4. the tenant has passed on the rental property in its entirety and apparently does not need it urgently for himself or for the persons entitled to enter in the near future
5. After the death of the previous tenant, the rented living space no longer serves an urgent need for accommodation of persons entitled to enter
6. the rented apartment is not regularly used to satisfy the urgent housing needs of the tenant or the persons entitled to enter
7. the rented premises are not regularly used for the business activity stipulated in the contract or for an equivalent business activity
8. There is a need for single-family homes and condominiums
9. Own needs and replacement is available
10. a company apartment is needed for employees
11. Apartments are required by the federal, state and municipal authorities for management and replacements are procured for the tenant
12. in the case of subleases, the continuation of the sublease would harm important interests of the sublease
13. a circumstance agreed in writing in the rental agreement as a reason for termination occurs which is to be regarded as important and significant for the landlord in relation to the termination or the dissolution of the lease (attention: very restrictive interpretation)
14. the proper maintenance of the rental house is impossible, a demolition permit has been issued and a replacement is obtained for the tenant
15. a rental house in its entirety or in the part in which the rental property is located, is to be removed or converted, with the demolition (conversion) the erection of a new (modified) building is ensured, the district administrative authority has recognized by notice at the request of the builder that Even taking into account the interests of the previous tenants that are worthy of protection, the planned new building (conversion) for traffic considerations, for rehabilitation purposes , to increase the number of apartments that are suitable for eliminating or alleviating a quantitative housing requirement or a qualitative housing shortage in the local area, or for other reasons in the public interest and a replacement is provided for the tenant
16. the main tenant of an apartment in equipment category "D" is neither willing to allow a standard improvement offered by the landlord within the meaning of Section 4, Paragraph 4, nor to carry out the offered standard improvement himself, and a replacement is procured for the tenant.

In paragraph (3) an agreement according to which the landlord is entitled to the right of termination without restriction or to a greater extent than that specified above is legally ineffective.

More on the termination of rental agreements: Termination of rental agreements .

Non-dispute proceedings under tenancy law

Certain specified in Rent Act (MRG) tenancy methods since 1922 in the non-contentious process out and not in the process at issue. Although the parties turn to the court in tenancy law proceedings to clarify conflicts of interest, i.e. all the characteristics of a litigation procedure are present, the rules of non-litigation proceedings apply. This means easier access to rights, especially for tenants.

In the first or second instance, the parties can represent themselves or be represented by persons with their own authority. Entitled, d. This means that national interest groups can represent one or more parties right up to the last instance without being required to be a lawyer. This rule is mainly used by tenants. Tenant organizations are financed from membership fees and represent their members at their own expense. This enables tenants without legal protection insurance to assert their interests in court without risking costs.

In some larger municipalities there is a pre-judicial, administrative decision-making body, the arbitration board. Decisions of the arbitration board are legally binding if none of the parties withdraws to court after the decision. An eviction action based on rent debts in the contentious proceedings was only decided by January 1, 2005 after an application to review the rent, if it had been clarified whether the alleged rent debts were not due to a legally inadmissible claim.

Obligation to pay for non-dispute proceedings

Originally, non-litigation proceedings were not subject to a fee. In each case, the parties only bore their own representation costs, even if the opposing party was found to be right by the court. It was not until the ÖVP / FPÖ government introduced the obligation to pay fees in 2005 in order to "shorten the procedures and prevent deliberately conducted procedures" according to their own statements. As expected, this was welcomed by representatives of the landlord, while tenant representatives, above all the tenant organizations concerned, protested.

Clause decision of the Supreme Court

In a decision dated October 11, 2006 (7Ob78 / 06f, so-called "clause decision"), the Supreme Court examined the contractual clauses of a large Viennese property manager (IMV, subsidiary of Constantia Privatbank ) that were frequently used for the first time . The reason for this was a representative action by the Chamber of Labor . Against the background of the Consumer Protection Act , many of the contract clauses were recognized as invalid, which means that not only the clause in question, but the entire provision that contains the clause in question becomes invalid.

Some of the clauses were also criticized because of a violation of § 879/3 ABGB, the provision on gross disadvantage of a contractual partner. In contrast to consumer law provisions, this paragraph also applies to commercial tenants. This judgment is considered to be trend-setting in Austrian tenancy law and emphasizes the role of the tenant as a consumer.

New category amounts from September 2006

Due to the value of the consumer price index 2000 for the month of May 2006 (112.4), the CPI 2000 has increased by more than 5% compared to the month of February 2004 (107.0). This means that the 5% threshold provided for in Section 16 (6) MRG for the valorisation of the category amounts under rental law and the “increased main rent” has been exceeded. The new category amounts are calculated according to the actual percentage change in the index between February 2001 (= 101.8) and May 2006 (= 112.4).

The new category amounts have been "effective under tenancy law" since September 1, 2006, i. This means that they are valid for new rental agreements from September 1, 2006.

If a rent of more than EUR 0.73 per m² per month is agreed for an apartment in equipment category D (a rent of EUR 1.46 / m² / month would be permissible from September 1, 2006 for a new rental of category D), so the landlord cannot claim an increase in the rent for this apartment in proceedings under MRG!

In the case of existing category contracts with value protection agreements, increases in the category rent can be requested from October 1, 2006.

When adjusting the value, the formal requirements of Section 16 (9) MRG must be observed. The main tenant must be notified of the request for an increase in the category rent based on a value protection agreement in a letter received after September 1st, but no later than 14 days before the next interest date.

Administration costs flat rate for the years 2006–2010 and 2019

As a result of the jump in the index for the category amounts, from September 1, 2006, the flat-rate administration costs for cat. A will increase from currently € 2.77 to € 2.91 per m² of usable space and year. For 2006 this results in a mixed rate of € 2.82 per m² of usable area and year. For the years 2009 and 2010 the flat fee for administration costs is € 3.08 / m² (from September 1, 2008). The flat-rate administration fee for 2019 is € 3.60 / m² and year.

See also

• Tenants' Association of Austria
• Litigation financing in Austrian tenancy law

literature

• Christian Prader (Ed.): Tenancy Law and ABGB Tenancy Law: MRG; with notes, references and an overview of case law; [Case law up to 3.9.2013 taken into account] 4th, updated and revised edition. Manz'Sche Verlags- u. University bookstore, Vienna 2013, ISBN 978-3-214-13559-1 .
• Helmut Würth (author), Madeleine Zingher (author), Peter Kovanyi (author): Tenancy and Housing Law : Short commentary on MRG, WEG, WGG with all ancillary provisions relevant to housing law. 2. WEG, HeizKG, BTVG and Broker Law Volume 1, 23rd, revised edition. Manz'Sche Verlags- u. University bookstore, Vienna 2013, ISBN 978-3-214-13330-6 .
• Wolfgang Dirnbacher: MRG 2013 as amended by the ZVG 2013: The Tenancy Law as amended by the Payment Default Act 2013 as of April 2013. ÖVI Immobilienakademie, Vienna 2013, ISBN 978-3-902266-23-1 .

Web links

• Tenancy law for tenants Vienna Chamber of Labor , 2018 (on renting an apartment)
• Right of residence for tenants of cooperative apartments Vienna Chamber of Labor , 2013

Individual evidence

1. ↑ Federal Act of November 12, 1981 on Tenancy Law (Tenancy Law, MRG), Federal Law Gazette No. 520/1981.
2. ↑ with Federal Law Gazette No. 210/1929. There are numerous transitional regulations in the MRG. The MRG is to be applied to rental agreements before the MRG came into force on January 1, 1982, unless otherwise stipulated in Chapter II.
3. ↑ 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 , p. 2.
4. ↑ 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.
5. ↑ Lukan: The struggle for tenant protection in the Seipel era 1922 - 1929 , p. 5.
6. ↑ According to the decision of the Austrian Supreme Court (4 Ob 76 / 17f), a business park, to which Section 1 (5) MRG applies, can only exist if all tenancies were established after February 28, 1994.
7. ↑ See OGH judgment 5Ob199 / 98w of December 15, 1998 , accessed on May 28, 2013.
8. ↑ FPÖ and Neos create fees on apartment leases from derstandard.at, October 4, 2017, accessed November 11, 2017.
9. ↑ WKO: Charging of rental and leasing contracts , accessed on February 16, 2018.

Please note the information on legal issues!