Operating costs: What can be offset?What not?

Table of contents

How are the operating costs regulated?

In Austria, three different laws regulate tenancy law, which also includes the operating costs. This applies depending on the type of apartment

Depending on the type of apartment and the time of the building permit, the MRG can apply fully, partially or not at all. If it is fully valid, it specifies which costs may be billed as operating costs. In the case of a partial application, on the other hand, the operating costs are not legally defined. In this case, as a tenant, you should pay attention to a precise regulation in the rental agreement.

The WGG, in turn, defines legal aspects for apartments from non-profit building associations. It falls back to a large extent on the operating cost regulations of the MRG.

A large part of the new rental apartments fall under the ABGB, but also service and holiday apartments. The landlord and tenant specify in the rental agreement which operating costs each party has to bear. If there are no corresponding agreements, according to Section 1099 ABGB, the landlord must assume all operating costs.

What operating costs does the tenant pay?

If the Tenancy Law applies to a rental apartment without restrictions, the costs for the following items must be borne by the tenant:

These are the so-called apportionable operating costs.

Recoverable operating costs are those costs that arise in the management of a property and that may be transferred to the tenant in the course of the operating cost statement. In contrast, operating costs that cannot be apportioned may not be passed on to the tenant.

Although operating costs are a term from the Tenancy Act, they are often found on homeowners' bills. Strictly speaking, he has no place there, since there are no operating costs under the Home Ownership Act. Correctly one would have to speak of "expenses" for the property. Because the term operating costs is common, it is also used in practice for condominiums.

How are the costs distributed among the tenants?

All operating costs are distributed among the tenants of a building according to the living space. For example, if the rented apartment is 100 square meters and the house has a total area of ​​1,000 square meters, the tenant pays ten percent of the operating costs. The same applies to different rental properties from the same landlord that are on one property. Common connections are also allocated proportionately to the tenants. However, tenants may only incur costs for communal facilities if they can actually use them. If, for example, there are several buildings on a property, only one of which has a lift, only the tenants of the corresponding residential building pay the operating costs for this building.

Click here for the tenant association's operating cost calculator

Which operating costs may not be passed on to the tenant?

Not all costs incurred in connection with a rented apartment may be passed on to the tenant as part of the operating costs. Loads that landlords list under the term "Other" in the utility bill should in any case be examined more closely. Items such as legal fees or rent arrears are often listed here, which may not be passed on to tenants. Also out of place on the bill are costs for heating, hot water and electricity in the apartments.

Other non-recoverable operating costs in Austria are:

Book tip:"Billing check for tenants and owners: How to check your utility bill"*

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What are the deadlines for billing?

Not only is the distribution of costs regulated, the laws also stipulate deadlines by which the bill must be sent and paid. In the case of apartments that fall under the ABGB, tenants and landlords set appropriate deadlines. On the other hand, there are fixed deadlines in the MRG and WGG: The landlord must send the tenant a statement of account by June 30 of the following year. The invoice must list all items individually and contain the relevant receipts. However, the landlord has until December 31 to add further costs. The tenant does not have to pay any costs added after this period.

For additional payments by the tenant and credits by the landlord, deadlines also apply in the MRG or WGG: Payments are due by the next but one rent payment. In principle, tenants whose apartment falls under the MRG or the ABGB have three years from receipt of the utility bill to have it checked by an arbitration board or a court. The prerequisite for this is the submission of a correct utility bill. In this way, tenants may be able to reduce their bill.

TIP from the tenants' association in Austria: Only pay a claim for additional operating costs if you have been given access to the receipts or you have received a copy of the operating cost statement. However, quick action is required here. Request the documents immediately after receiving the post-payment notice. If the utility bill is not submitted, neither an additional payment nor an increase in the utility fee can be demanded. If individual items in the statement cannot be explained despite looking at the receipts or you suspect that these are excessive or not permissible, you can have the annual statement checked by the arbitration board or the court.

By how much may the operating costs be increased?

Based on the operating cost statement from the previous year, the monthly flat-rate stipulations may be increased by a maximum of ten percent. If the previous year's statement is not yet available at the time the monthly payments are made, the landlord must base the calculation on the previous annual statement.

Who can tenants contact if they have problems?

If tenants are unsure whether the utility bill is legal, tenant protection or consumer protection can help. The best-known institutions at a glance:

Even if there are no obvious inconsistencies in the billing, it is advisable to have the operating costs checked regularly, preferably annually, by a specialist. He or she can often tell at a glance if something is wrong.

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