Why is it important to ensure that my sublease contract falls under the scope of the full exemption clause?

As a private landlord, it is important that you structure the sublease contract to ensure that it falls under the scope of the so-called full exemption of the rental law (Vollausnahme). This is because the Austrian Law on Tenancy is very difficult for laypeople to understand. If the sublease contract does not meet this condition, you will find it difficult to manage conflicts without an attorney and you will risk being unable to reclaim your flat at the desired time.

Which contracts fall under the scope of the full exemption?

• Flats for professionals: Flats in furnishing categories A or B that will only be rented for a maximum of six months as a second flat because of a change of location due to employment
• Holiday flats: Flats that will only be let for recreation or leisure purposes (irrespective of the contractual period)
• One and two-family houses: Flats in a house with a maximum of two separate properties (not including a converted attic)
• Form requirement: Limited sublease contracts must be signed by hand

Because the majority of our customers are looking for a temporary furnished flat for business reasons, it is important to note the following points:

• No contracts longer than six months (nor can they be extended after six months)
• The sub-tenant must use your flat as a second flat for professional or holiday purposes (note: this does not include students)
• Have the sub-tenant sign the sublease contract by hand

It is best to use our tempoFLAT Online Contract tool to prepare the sublease contract. This will ensure that you note the most important points and that, on your request, we can look over it.

Note: There are special cases and exceptions under Austrian law. The explanations offered here do not claim to explain all legal aspects. They merely relate to the situation of the majority of people in our target group: private individuals who would like to sublet their flat while they are away and who conclude a contract that is not subject to the Law on Tenancy.

No responsibility is taken for the correctness of this information.