I am buying an apartment I want to let – can I let it freely?
Your co-pilot in real estate law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Real estate law & purchase contracts
You keep the controls and make the decisions. We sit next to you in the cockpit, know the route and the instruments – and when it gets turbulent, we take over.
Whether an investment apartment pays off is often decided by tenancy law. How much rent you may charge depends above all on when the building was approved.
Full application, partial application or exemption
- Full application of the MRG – e.g. apartments in old buildings (building permit before 1945): the rent is capped by the guideline rent (Richtwert) plus surcharges and deductions.
- Partial application – e.g. condominiums in buildings approved after 8 May 1945: the rent can be freely agreed, but protection against termination and the rules on fixed terms apply.
- Exemptions – e.g. houses with one or two units or service apartments.
The classification is often not trivial and should be clarified before you buy.
Fixed terms and termination
Residential leases within the scope of the MRG can only be fixed for at least three years. Open-ended leases can only be terminated by the landlord on statutory grounds. Under full application, a fixed term additionally means a 25 % deduction from the guideline rent.
Indexation since 2026
Since 1 January 2026 the Rent Indexation Act limits the indexation of residential rents – including freely agreed rents: adjustments take place once a year on 1 April; if inflation exceeds three per cent, only half of the excess is taken into account. Existing indexation clauses should be reviewed.
Short-term letting is something else
Anyone wishing to let to tourists needs the consent of the other owners in a condominium and must observe the building regulations – Vienna has had a strict regime since 2024. More on this in our article on Airbnb in Austria.
Agent’s commission when letting
Since 1 July 2023 the “orderer pays” principle applies to residential leases: the commission is paid by whoever instructed the agent – as landlord, usually you.
Frequently asked questions
May I charge any rent for my condominium?
Under partial application of the MRG – e.g. in buildings approved after 1945 – yes, within the limits of immorality. In old buildings with full application, the guideline rent applies.
How short may a fixed term be?
Within the scope of the MRG, at least three years.
May I adjust the rent to inflation every year?
Yes, but since 2026 only once a year on 1 April and capped: inflation above three per cent counts only by half.
Mag. Nevena Shotekova-Zöchling, attorney and insolvency administrator in Vienna. As of October 2026. General information – not legal advice for your individual case.
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