Rent Control Austria 2026: Tenant Rights Explained

Note: This guide is general information and does not replace individual legal advice. For specific tenancy questions, contact the Arbeiterkammer (AK), the Mietervereinigung tenant association, or a lawyer. Updated April 2026.

Rent control 2026: what changed on 1 January

Austria's new rent brake took effect on 1 January 2026. Rent in regulated apartments may rise by no more than 1 % in 2026 and 2 % in 2027. Increases are allowed only once a year, on 1 April. For free-market rents with an index clause, the share of inflation above 3 % is passed through only at half rate. The legal basis is the 5th Rent Law Inflation Mitigation Act, BGBl I 114/2025 (5th MILG), which also introduced the new Rent Value Protection Act (Mieten-Wertsicherungsgesetz, MieWeG).

The Austrian Parliament passed the package on 11 December 2025. It applies to existing contracts as well as new ones, so a clause in the lease saying "rent rises every six months" no longer overrides the law.

Quick facts

• Rent increases are now restricted to 1 April each year.
• Richtwert (benchmark) and Kategorie rents: max +1 % in 2026, +2 % in 2027.
• Free rents: full pass-through up to 3 % inflation, half-rate above that.
• Minimum lease term for commercial landlords: 5 years (was 3 years).
• Tenants can reclaim overpaid rent 3 years back under § 27 MRG.

Which apartments are covered?

Austrian tenancy law splits rentals into three groups under the Rent Act (Mietrechtsgesetz, MRG). The group decides which rule applies to your contract.

If your contract mentions "Mietrechtsgesetz, Vollanwendung" or "Hauptmietzins gemäß § 16 MRG", you almost certainly fall into the first group. The Arbeiterkammer offers free contract checks for members in any of these scenarios.

Glossary at a glance. Richtwert = federal-state benchmark price per m² for older flats. Kategorie = legacy quality grade (A to D). Wertsicherung = index-linking clause. Schlichtungsstelle = municipal arbitration office. Vollanwendung MRG = full application of the Rent Act.

How much can my rent legally rise in 2026?

Effective date: 1 April

Increases before 1 April 2026 are not enforceable. Even if your contract names a different date such as 1 July, the new law moves the next adjustment to 1 April. For apartments that are fully exempt from the MRG (Type III), Arbeiterkammer Vienna confirms that the first effective date in 2026 is 1 May rather than 1 April.

If a landlord backdates a rent rise to March, the demand is invalid. Tenants who paid by mistake can reclaim the difference.

Richtwert and Kategorie rents: a hard cap

Inside the full MRG, the math is straightforward. A 750 EUR rent rises to no more than 757.50 EUR on 1 April 2026, and to a maximum of 772.65 EUR on 1 April 2027. From 2028 onwards the regular Richtwert adjustment cycle resumes.

Free rents with an index clause: the half-share rule

For free rents, the Wertsicherung (index-linking) clause governs. If annual inflation under CPI 2020 stays at or below 3 %, it passes through one-to-one. Above 3 %, the new formula applies:

3 % + ½ × (CPI − 3 %) = permitted increase

A 4.5 % CPI yields 3 % + ½ × 1.5 % = 3.75 %. An 800 EUR rent therefore rises to a maximum of 830 EUR, not 836 EUR. The Mietervereinigung guide walks through several worked examples.

Five-year minimum lease for commercial landlords

Fixed-term residential leases must run for at least five years if the landlord is a "business" under the Austrian Consumer Protection Act. The previous minimum was three years. Private landlords with one or only a few apartments stay on the old three-year minimum. Subletting and employer-provided housing are also unchanged. Implicit lease extensions follow the same five-year logic.

Rent Increase Calculator 2026

Estimate the maximum legal rent increase for April 2026 under the 5th MILG (Austrian rent brake). This is guidance only and does not replace legal advice.

Tenancy typeFull MRG application (pre-1945 buildings, municipal housing) – Richtwert or Kategorie rentPartial MRG application (post-1945/1953 buildings) – free rent with index clause (Wertsicherung)Full MRG exemption (single-family house, owner-occupied condo)

Current net rent per month (as of March 2026, in EUR)

CalculateReset

Note: This calculation excludes individual factors (location surcharges, condition deductions, lease extensions). When in doubt, contact the Arbeiterkammer or Mietervereinigung.

Richtwert values 2026 by federal state

Statistik Austria published the new Richtwert values effective 1 April 2026. They apply to category A apartments. Location and condition surcharges or deductions can shift the actual permissible Richtwert rent.

Source: Mietervereinigung Österreichs and Statistik Austria, effective 1.4.2026.

What to do about an unlawful rent increase

A demand that breaks the rules is not enforceable, and overpaid rent can be reclaimed for up to three years under § 27 MRG. While a court or arbitration proceeding is pending, the limitation period is suspended, as confirmed by Austrian case law.

Step by step

1. Read the increase letter carefully. Does it cite 1 April 2026 (or 1 May for Type III)? Is the percentage within the permitted limits? Has it been more than twelve months since the last increase?
2. Send a written objection. A short email or letter is enough. Name the property, the date of the demand, and state that you consider the increase unlawful.
3. Get advice. AK members get free tenancy law consultations. The Mietervereinigung is available from a 70 EUR annual fee.
4. Schlichtungsstelle or court. Vienna, Graz, Linz, Salzburg, Innsbruck and Klagenfurt have arbitration boards. Elsewhere the local district court (Bezirksgericht) under § 39 MRG is the first forum.
5. Pay under reservation. If you want to avoid a default notice, pay the disputed amount with the explicit phrase "under reservation of recovery". You preserve your right to a refund.

Sample objection text

Dear [landlord],

Re: tenancy at [address, unit number]

I have today received your letter of [date] announcing a rent increase
of [amount] EUR to [new total] per month, effective [date].

Under the 5th Rent Law Inflation Mitigation Act (BGBl I 114/2025), the
proposed increase is not permitted in the announced amount. I object in
writing and will continue to pay the previous rent of [old amount] EUR.
Any payment of the disputed difference is made strictly under reservation
of recovery.

Yours faithfully,
[Name, date, signature]

Schlichtungsstelle directory

Schlichtungsstellen handle tenancy disputes free of charge and without a lawyer. They operate only in cities that have a municipal housing office. Outside these cities the Bezirksgericht steps in directly.

| City | Address | Contact | |---|---|---| | Vienna (MA 50) | 1190 Vienna, Muthgasse 62 | +43 1 4000-74498 · ks@ma50.wien.gv.at | | Graz | Schillerplatz 4, 8011 Graz | graz.at | | Linz | Hauptstraße 1-5, 4041 Linz | +43 732 7070 | | Salzburg | Saint-Julien-Straße 20, 5020 Salzburg | +43 662 8072 3136 | | Innsbruck | Maria-Theresien-Straße 18, 6020 Innsbruck | +43 512 5360 8338 · post.schlichtungsstelle@innsbruck.gv.at | | Klagenfurt | Theaterplatz 3, 9010 Klagenfurt | klagenfurt.at |

Outlook: how the market may react

The Austrian Chamber of Commerce raised concerns during the legislative consultation that private investment in new builds could slow. The economic research institute WIFO sees the package as short-term relief for existing tenants and notes that 2028 is the relevant decision point, when full indexation may return.

For tenants, the practical impact is twofold. New leases signed in 2026 or 2027 often start at higher rents than they would have a year ago. Existing leases benefit more, and the Federal Ministry of Housing estimates the average saving for a 70-square-metre Vienna Richtwert flat at around 113 EUR per month versus the originally expected indexation.

Adjacent costs worth checking

A new rent letter is also a good moment to revisit other housing costs. The electricity price cap ends in 2026, and energy is often where there is more headroom than in net rent. Our guide to comparing electricity providers in Austria walks through switching step by step. A renter's household insurance (Haushaltsversicherung) starts from around 80 EUR per year, depending on the policy.

For a wider view of rising prices and what changed across the Austrian market this year, see our overviews of the cost of living in Austria 2026 and everything that changed on 1 January 2026.

FAQ: rent control Austria 2026

Frequently Asked Questions

Does the 2026 rent control apply to my existing lease?

Yes. The 5th MILG (BGBl I 114/2025) applies to running contracts. Increases since 1 January 2026 are only allowed on 1 April, and the percentage is capped by the new law regardless of what the lease says.

How much can rent rise in 2026 in a Richtwert apartment?

By no more than 1 %. A 750 EUR rent caps at 757.50 EUR from 1 April 2026. A further 2 % is possible in 2027. Normal Richtwert adjustments resume in 2028.

What if my landlord asks for more than the law allows?

Object in writing, contact the AK or Mietervereinigung, and if needed file with the local Schlichtungsstelle or district court. Overpaid rent can be reclaimed for up to three years under § 27 MRG, with the limitation period suspended during proceedings.

Does the five-year minimum lease apply to private landlords?

No. The five-year minimum applies only to landlords who qualify as businesses under the Austrian Consumer Protection Act. Private landlords with one or a few apartments may still sign three-year fixed-term contracts.

When can my landlord legally increase rent again?

From 1 April 2026 at the earliest, or 1 May 2026 for fully MRG-exempt apartments. After that, only one increase per twelve-month period is allowed, even if the contract names a different schedule.

How can I tell whether my apartment is under Richtwert?

Look at the building permit date (before 1945 or 1953), the number of rental units in the building (more than two), and contract wording such as 'Richtwertmietzins' or 'Hauptmietzins gemäß § 16 MRG'. The Arbeiterkammer reviews leases free of charge for members.

Can I claim back overpaid rent from before 2026?

For invalid Wertsicherung clauses in older contracts, the MieWeG provides a five-year retroactive refund window. For other rent-related violations, the standard three-year limitation under § 27 (3) MRG applies.

Bottom line

The 2026 rent brake gives tenants a clear ceiling for the next two years. People in regulated apartments can already calculate their April 2026 and April 2027 rent. Free-market tenants benefit from the half-share rule whenever inflation crosses 3 %.

The work that remains for tenants is mostly checking. Letters with the wrong date, the wrong percentage or a backdated effective day still arrive. The AK, the Mietervereinigung and the local Schlichtungsstelle help quickly and cheaply. Three years to reclaim overpaid rent is a generous window, but it is not a reason to wait.

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Sources: BGBl I 114/2025 (RIS) · Parliament press release PK1171/2025 · Statistik Austria – Richtwerte und Kategoriebeträge · Arbeiterkammer rent brake page · Mietervereinigung Richtwertmiete · WIFO short analysis November 2025. Updated 25 April 2026.