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INNSBRUCK

Austria’s Innsbruck cracks down on illegal Airbnb offers

The Tyrolean capital Innsbruck has so far tracked down 111 suspected cases of illicit short-term rentals since it launched its Airbnb Taskforce in March 2022.

Published: 13 July 2023 17:08 CEST
Austria's Innsbruck cracks down on illegal Airbnb offers
Innsbruck has declared 'housing emergency' (Photo by Patrick Robert Doyle on Unsplash)

Innsbruck this Wednesday has extended the contract for IT support for its Airbnb Taskforce, which combs short-term rental websites looking for illegal offers in the busy Tyrolean capital, Austrian media has reported.

The authorities use algorithms to assign suspicious offers to corresponding addresses, according to ORF. 

The city of Innsbruck has received about 300 data sets from the IT company since the start of cooperation between the two parties. In 23 cases, the municipal department for the building and housing register conducted further investigations. The remaining suspicious cases were forwarded to other municipal offices for prosecution of possible violations of the law. Around 20 previously illegal Airbnb rentals have now been completely stopped in Innsbruck.

READ ALSO: EXPLAINED: What are Austria’s rules for Airbnb rentals?

Illegal rentals are subject to severe fines, for example, for registration law violations or unauthorised commercial activity. As a rule, tourist rentals are not permitted in buildings that are specifically intended for residential purposes.

What does this mean for Airbnb hosts in Innsbruck?

Hosts renting out their properties on Airbnb in Innsbruck must comply with city regulations. This means they must register their rental with the city and pay the appropriate taxes. They must also ensure that their rental does not violate other laws, such as the building code or the noise ordinance.

Hosts who violate the city’s regulations may be subject to fines. In some cases, they may even be forced to stop renting out their property altogether.

READ ALSO: Austria’s City of Innsbruck announces rental control system

The city of Innsbruck has been cracking down on illegal flat rentals, especially as the city and region suffer from housing shortages and higher rents. Hosts can contact the city’s tourist office for more information on how to rent their apartments legally. 

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RENTING

What tenants in Austria need to know about getting their rent reduced

From construction noise to broken utilities, various issues can allow tenants in Austria to request a rent reduction. Learn the steps to follow and when legal action might be necessary.

Published: 19 September 2024 15:02 CEST
What tenants in Austria need to know about getting their rent reduced

In Austria, tenants can legally request rent reductions if their rental property’s usability is significantly impaired. 

According to MieterHilfe, the association that helps renters in Vienna, Section 1096 of the Austrian Civil Code (ABGB) regulates this. The ABGB covers rental agreements for all properties. 

The law offers protection when tenants experience issues like heavy construction noise or utility outages (such as gas, electricity, or water). However, knowing when and how to apply for a rent reduction and understanding the process can be tricky. Disputes often end up in court and are decided on a case-by-case basis.

READ ALSO: Can my landlord in Austria increase the rent whenever they want?

When you can ask for a rent reduction

If your rental property’s usability is restricted, you can apply for a rent reduction. Common examples of restricted usability often include disruptions in gas, electricity, or water supplies, major construction noise from remodelling, damage to property that prevents proper use, such as a broken heating system, and more. 

Importantly, tenants can claim a rent reduction even if the landlord is not directly responsible for the impairment. However, the extent of the usability issue must be clear, and the tenant must notify the landlord to allow them to fix the problem. Additionally, if a tenant repairs the issue, the rent reduction period ends as soon as the repair is made.

Not all impairments qualify for a rent reduction, though. For example, minor inconveniences or defects, issues that the tenant was aware of when signing the lease, impairments caused by the tenant’s actions and situations where the tenant has already waived the right to a reduction do not count.

An attic room can get extremely hot without air conditioning (Photo by Jakub Żerdzicki on Unsplash)

If there is a dispute, the court will decide the extent of the rent reduction, considering objective and subjective factors. For example, households with small children or pregnant women might receive higher reductions.

READ ALSO: Tenant or landlord: Who pays which costs in Austria?

MieterHilfe has a table with many recent cases that can give you an idea of the causes of rent reduction and the amount tenants received. For example, in one case in Vienna, the flat had significant mould infestation, and the tenants received a 75 percent rental reduction. In another case, rent was reduced by 30 percent because of “unhealthy odours” from the rubbish room that affected half of the flat.

In one case, dangerous electrical cables were accessible inside the flat, and the tenant did not have to pay any rent until the issue was fixed.

Things get more complicated when it comes to noise. In one case in 2005, the tenant got a 15 percent rent reduction due to the consequences (noise and smell nuisance) of a garage construction in the neighbouring property, but not a reduction when the next-door property was doing “normal construction work.”

Another common complaint tenants have is regarding heat, especially in Dachgeschoss apartments (attic apartments), which can get extremely hot due to the lack of ventilation and their location in buildings. In one case, the air conditioning system was positioned so unfavourably that the rooms were not cooled —the tenant got a 6 percent reduction in rent.

In another, though, the complaint regarding excessive heating was dismissed, and the tenant received no reduction because they had rented the room without any reservation or questioning, even though the place had no sun protection or air conditioning.

READ ALSO: What happens when my rental contract expires in Austria?

Legal action and rent payment strategies

Tenants must be cautious when pursuing rent reductions, the renter’s association say. Two approaches are commonly used.

You can continue paying the total rent while negotiating. The tenant informs the landlord about the issue and continues paying the total rent but reserves the right to claim a reduction later. This can be useful in avoiding eviction risks.

Or, they can reduce rent directly. This means the tenant pays a reduced amount but informs the landlord in writing. If the landlord disagrees, they may take legal action, and the court will decide the appropriate – if any – reduction.

In both cases, it is essential to notify the landlord in a verifiable form, such as a registered letter, to ensure the process is documented.

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