Won by the ÖH: The affected students receive a total of over € 10,000 in overpaid rent back.
A landlord rents out several properties in his rental house as “student dorm rooms.” In this way, he tries to circumvent the rent restrictions of the Tenancy Law Act and earn a higher rent.
With the support of the Housing Counseling Service of the Austrian Students’ Union (ÖH), the affected students prevail in the second instance after almost three years of proceedings. The competent regional court clarifies that renting apartments or rooms of a house to students is not per se renting in a student dormitory. Only specially equipped, organized units for students where, in addition to living quarters, other appropriate infrastructural facilities and services, such as recreation and sports rooms, room cleaning, etc., are offered are considered student dormitories. The rules of the Student Housing Act must be observed. As a rule, other tenancy agreements continue to be subject to the Tenancy Act and – as in the present case – also to the corresponding rent ceilings.
Won by the ÖH: The affected students receive a total of over € 10,000 in overpaid rent back.
Further successes from consulting at www.oeh.ac.at/geschafft
