Real estate law & tenancy law

Real estate prices are going up and up. The dream of owning a home with a garden near the city is becoming increasingly difficult to achieve. On the other hand, more and more people are recognizing the value of real estate as an investment: buy, rent and later sell at a profit. But beware: What pleases the tenant often causes headaches for the landlord. The Austrian Tenancy Act (MRG) regulates the rent in old buildings (guideline value, reasonable rent), limits the possibilities of limiting the term of tenancy agreements (minimum term of 3 years) and makes it more difficult for the landlord to terminate an open-ended tenancy agreement.

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Our services in the area of real estate law and tenancy law


Real estate purchase

Property purchase agreement and apartment purchase agreement. Contracting, trusteeship and land register Execution including cancellation and registration of encumbrances (e.g. lien), establishment of condominium (Parification, condominium contract), establishment of spousal condominium, registration and deletion of easements (servitudes).

Tenancy law

Preparation of tenancy agreements, advice on the full scope of application of the MRG, partial scope of application of the MRG and exceptions to the MRG. Advice on the amount of rent (guideline value, reasonable rent, free rent), termination of tenancy agreements, prohibition of subletting, keeping of pets, reduction of rent due to housing defects, reduction of rent due to unusability (business premises rent reduction during Corona Pandemic, §§ 1104, 1105 ABGB).


Disputes and legal proceedings

WEG disputes (e.g. action against the community of owners, judicial amendment of the regulation of use for general parts of the property, impairment of interests worthy of protection of the other condominium owners due to change of use), warranty action for real estate, action for eviction, action for rent, rent review proceedings, proceedings before the arbitration board, neighbour law, immissions, noise nuisance, odour nuisance, action for disturbance of possession.

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Our focus:
Real estate transactions in Vienna and Lower Austria, advice on tenancy law.


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Concerns of clients in real estate law and tenancy law

Drawing up contracts for the purchase of apartments in Vienna ‘ Drawing up contracts for the purchase of houses in Lower Austria ‘ Real estate donation contract ‘ Checking rental contracts ‘ Drawing up rental contracts for business premises ‘ Checking the right of entry according to § 12a MRG ‘ Getting rid of tenants who are unwilling to pay ‘ Avoiding the Tenancy Act ‘ Contract for short-term rentals ‘ Suing short-term landlords for injunctive relief ‘ Founding a real estate holding company ‘ Enforcing a claim for damages against a real estate agent (agent’s liability) ‘ Establishing condominium ownership in a semi-detached houseEstablish a holding company ‘ Enforce a claim for damages against a real estate agent (agent’s liability) ‘ Establish condominium ownership of a semi-detached house ‘ Bring a warranty action against a property developer ‘ Dismiss property management.

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