Legal uncertainty burdens landlords and tenants alike

The Austrian Association of the Real Estate Management (ÖVI) criticizes the recent campaign of the Chamber of Labor (AK), which again puts a flat rate of general suspicion with individual cases and loud media support for private landlords. Too high rents, an opaque and unjustified position surcharge, almost only temporary contracts are the allegations. This one -sided representation distorts the reality, according to ÖVI managing director Anton Holzapfel.

AK as the driver of legal uncertainty

For years, the Chamber of Labor has been flooding the dishes with association lawsuits, where supposedly non -transparent or grossly disadvantaged contractual clauses are complained about. An AK consistently rejected any constructive cooperation, such as the development of a common sample rental contract. The AK does not seem to be interested in practical solutions for tenants and landlords, one only says what is not possible and in truth neither tenants nor landlords are helped. Landlords have been faced with great legal uncertainty for years. Neither the landlord nor tenants and their consultants can most likely rely on “legally secure” rental contract contract clauses or even reliably determine the permissible guideline rent in Vienna. It is therefore not surprising that landlords switch to more short -term agreements in order to avoid this economic uncertainties somewhat.

Against the background of rigorous protection against dismissal, landlords are severely restricted anyway. Rental contracts can hardly be adjusted, even if economic framework conditions change drastically. Valuencies are regularly exposed to political interventions – without the opportunity for landlords to react to this. At the same time, the requirements for landlords increase steadily: from energetic renovation obligations to technical standards to complex documentation obligations. This uncertainty means that many landlords switch to temporary contracts – not arbitrary, but for economic necessity.

Legislators are required

The guideline law, which was introduced 30 years ago, has fundamental construction errors from the start: How can it be explained that the guideline in Styria is more than 30% higher than that in Vienna. Due to the general price development in recent years, this dilemma has only intensified. It is therefore not surprising that such discrepancies actually occur in the state of Vienna – the state with the highest proportion of tenants. It is often overlooked that the rental apartments offered today usually have very good equipment standards. For a guideline of 6.67 ꞓ/m² – minus a limited time off of 25 % – it is not economically not presented to renovate the Wilhelminian style building and bring it to a contemporary technical stand. This reality should also be taken into account more in the political and public discussion.

ÖVI demands fair framework conditions

The ÖVI, among other things, calls for a change to the Consumer Protection Act: Real estate associations should also have the admissibility of agreements in sample contracts determined in court. This will create legal certainty for long -term contracts in the future. It may not be that after years and decades suddenly formalist reasons – or a surprising legal interpretation question the contract by maximum courts.

“If you want long -term rental relationships, you also have to guarantee long -term legal stability,” says Holzapfel. “The generalization of private landlords does not help anyone – neither the tenants nor the housing market.”