In practice, the location surcharge in the MRG is calculated correctly by many owners and shown in the rental agreement, but the absolutely necessary justification for this location surcharge and the description of the relevant circumstances often cause difficulties. The following article therefore offers appropriate assistance:
- Basics : A location surcharge is only permitted if the property on which the apartment is located has a location that is better than the average residential area.
Remarks:
- An above-average location is generally not given in a Wilhelminian-style district, although there may be exceptions from case to case, about which we would be happy to inform you.
- The city of Vienna’s location surcharge card can provide an initial orientation aid.
- Regarding the form: The circumstances that are decisive for the above-average property must be passed on to the tenant
- at the latest when the rental agreement is concluded
- express and
- in written form
to be announced.
This is a mandatory protective provision in favor of the tenant with the purpose of informing the tenant by means of the description with sufficient clarity about why the apartment is in an above-average location and thus enabling him to check the legitimacy of this surcharge.
- Regarding the formulation: The circumstances that are significant for the above-average location must be announced at least in keywords . If the circumstances relevant to the location surcharge are clearly stated, it is sufficient for the landlord to refer to the location surcharge in the rent review process in order to determine and take it into account.
For example, the Supreme Court judged it to be sufficient
- the reference to the central traffic situation of an apartment in Vienna 1, Wollzeile,
- the convenient location and the view of the countryside, the good residential area, very good infrastructure as well as shops and public transport in the immediate vicinity,
- the quiet, central location in Innsbruck, the location of the house in the cottage area,
- the proximity to the Prater and the convenient transport links.
For example, they were judged to be insufficient on their own
- the use of the term “ outside of a Gründerzeit quarter ” or
- a reference to the ” above-average location ” with a percentage location surcharge according to the amount.
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Wording example for the detailed justification of an agreed location surcharge
(Above the justification that follows, the wording of the location surcharge is inserted [for example: the tenant expressly acknowledges etc. etc.])
Reason: The existing property has an above-average residential environment outside of a Wilhelminian-style district. In particular, the prevailing, decisive circumstances for the location surcharge:
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We hope to have served you with this presentation and are available to you for further legal information or to tailor your rental agreement at any time on +43 142 000 40 or by e-mail at hertzberg@legal-team.at .
All information on this website is for initial information only and cannot be used as a substitute for legal or other advice. We therefore assume no liability for any compensation or the like.
