The so-called Home Ownership Act (WEG), the Tenancy Act (MRG), and the Public Housing Act (WGG) constitute the core areas of Austrian residential law. All three aforementioned legal areas overlap. There are also crosslinks and connections to the Austrian Developer Contract Act (BTVG).
In connection with the Home Ownership Act and the Developer Contract Act, our law firm acts both as author of contracts and as escrow agent in various developer projects, as well as consultant and representative in connection with disputes between home owners and developers. In practice, questions often arise in connection with the distinction between the responsibility or the powers of the individual home owner on the one hand, and the community of home owners on the other. In particular modifications to condominiums, such as the installation of air-conditioning systems, photovoltaic systems, and/or charging stations for electric vehicles may require clarification within the community of home owners. Similarly, questions regarding the drafting of agreements when establishing or amending home ownership contracts, e.g. whether the billing of operating costs should be based on utility values and/or usable space, constitute topics that require a great deal of consulting in residential and tenancy law.
Legal advice in connection with leases mostly revolves around the scope of applicability of tenancy protection provisions, which play a major role in our consulting practice. Fixed-term or termination options in lease agreements or the scope of maintenance and repair obligations also play a significant role. It has been shown that a large portion of the most commonly used model agreements for rental units contain invalid or void clauses. This regularly results in surprising and often unpleasant consequences for those involved; for instance, the agreed fixed terms are often ineffective, or termination reasons cannot be applied.
Our law firm can resort to a wealth of experience both in the drafting of agreements and in representation to provide clients with the best advice and support in connection with residential and tenancy conflicts.