Guide · Tenancy law

Regulated rents in Vienna: what pre-war flats may legally cost

For a large share of Vienna's pre-war flats, the rent is capped by law: through the Richtwert system of the Austrian Tenancy Act. Vienna's reference value has been 6.74 euros per square metre since 1 April 2026. Here is when it applies, which surcharges and deductions are allowed, and how to have an excessive rent checked and refunded for free.

The current reference values (since 1 April 2026)

The Richtwert is the legal base value per federal state for the square-metre rent of the so-called standard flat (category A, usable condition, average location). The values were frozen by law in 2024 and 2025; since the 2026 rent package they are adjusted once a year on 1 April, by at most 1 percent in 2026 and 2 percent in 2027, and from 2028 inflation above 3 percent is only passed on by half.

When does the regulated rent apply at all?

The short rule: regulated rents apply to leases signed from March 1994 in category A, B or C flats, if the building falls under the full scope of the Tenancy Act, typically Vienna's pre-war stock with a building permit before 1 July 1953 (rented condominiums only with permits before 9 May 1945).

New buildings

Buildings permitted after 30 June 1953 (without housing subsidies): free market rent.

Rooftop conversions

With building permits after 31 December 2001, likewise extensions after 30 September 2006: free.

One- and two-family houses

Buildings with at most two independent flats fall outside the Tenancy Act entirely: free under civil law.

Category D

Substandard flats (no WC or water inside) do not fall under the Richtwert but under the even lower category rent.

The location surcharge: the most contested part

Landlords may add surcharges to the reference value, the most important being the location surcharge (§ 16 para 3 MRG) for above-average locations. Two hard rules protect you: first, the justification must be handed over in writing at contract signing at the latest, otherwise the surcharge is invalid. Second, according to the Supreme Court no location surcharge applies in Gründerzeit quarters (predominantly built 1870 to 1917), those count as average at best.

And right now the situation is particularly interesting: in October 2025 the Supreme Court (5 Ob 65/25g) clarified that point systems and maps are no binding yardstick; a surcharge is only permissible if the location is clearly above the city average. The City of Vienna has consequently suspended its official surcharge calculator. In practice: a charged location surcharge is more often contestable than landlords believe, checking pays off.

Surcharges, deductions and the 25 percent rule

Fixed-term deduction: −25 %

Every fixed-term lease in the regulated segment requires a mandatory 25 percent deduction from the maximum permissible rent. Since 1 January 2026, commercial landlords must also fix terms at 5 years minimum.

Surcharges (examples)

Lift, balcony or terrace, good state of repair, first occupancy after renovation. Fixed percentages are not in the law; every surcharge must be comprehensible and proportionate.

Deductions (examples)

Noisy location, ground floor, poor condition. Categories B and C sit well below the standard flat.

Category rent

For old leases before March 1994 and category D flats, the category amounts apply: A 4.51 · B 3.38 · C 2.25 · D 1.13 euros per square metre (since 1 April 2026).

Service charges and deposit: the two other battlegrounds

Service charges may only contain the legal catalogue of § 21 MRG: water, waste, chimney sweep, insurance, caretaking, property tax and a capped management fee. Repairs and reserves never belong in there. For context: the Vienna average is 2.57 euros per square metre per month net (tenants' association index, accounting year 2024). The statement must be presented by 30 June of the following year.

For deposits, three gross monthly rents are customary; more than six is regularly considered immoral by the courts. After the lease ends, the deposit must be returned without delay including interest; it may only be retained for open claims or damage beyond ordinary wear.

Rent too high? Have it checked for free

1. 01

   Rough self-check

   Divide the net rent by the square metres and compare with the 6.74 euro reference value. If your pre-war rent sits far above without lift, renovation or a truly premium location explaining it, that is a candidate for review.

2. 02

   Use the calculators

   The City of Vienna's rent calculator and the Chamber of Labour's Altbau check compute the permissible rent in detail (the city's location-surcharge module is currently suspended).

3. 03

   Go to the arbitration board

   The arbitration board of the City of Vienna (MA 50) reviews the rent in an entirely free procedure, no lawyer needed. Overpaid amounts are refunded.

4. 04

   Mind the deadlines

   For open-ended leases you can contest within 3 years of the rent agreement. For fixed-term leases the window runs until at least 6 months after the tenancy ends, with up to 10 years refundable.

And what do the Viennese actually pay?

According to Statistics Austria, Vienna's average rent was recently around 10 euros per square metre including service charges (as of 2025), with huge differences by segment: council housing 8.20, co-ops 8.80, private leases 12.20 euros. The fixed-term effect is starkest: fixed-term leases average 14.10 euros, open-ended ones 9.20. New searchers pay the market's most expensive rates, all the more reason to know the legal cap.

How asking prices differ by district is shown in the price overview.Vienna property prices: all districts →

Common questions about regulated rents

Read on

• Vienna property prices: €/m² by district →
• Council flats & the Vienna housing ticket →
• For landlords: renting out correctly →

As of July 2026 (reference values and category amounts since 1 April 2026, case law up to October 2025) · Orientation, not legal advice. For binding checks: arbitration board MA 50, Chamber of Labour, tenants' association.