Can my landlord raise the rent in Austria?
Only within limits — and only with an agreed value-protection clause. An ongoing rent increase requires a value-protection clause in the lease; without it the landlord can't raise the rent mid-contract. For 2026 a statutory rent brake applies: reference-value and category adjustments are capped at max 1% (2027 max 2%). Even for free-market rents, value protection has been newly limited since 1 January 2026: full indexation up to 3% inflation, above which only half the excess counts. An adjustment is possible at most once a year and from 1 April at the earliest, usually from May for existing contracts. In short: yes, but in 2026 only up to 1% and only with a clause.
📋 The rules
- Increase only with a value-protection clause
- 2026 capped at max 1% (2027 max 2%)
- Free rents: full only to 3% inflation, then half
- Adjustment once a year, from 1 April earliest
- No clause = no increase mid-contract
🔓 Exceptions
- Category rent: own amounts, same 1% cap
- § 18/19 improvement works: a separate procedure
- For existing contracts the increase usually takes effect from May 2026
⚠️ Penalties & fines
An increase beyond the legal cap is invalid; over-charged rent can be reclaimed (limitation usually 3 years) via the arbitration board or the district court. For 2026 the adjustment is capped at 1% regardless of the actual inflation index. Beware a myth: "the landlord can pass on the full inflation rate every year" is false — in 2026 the increase is capped at 1%, in 2027 at 2%, and for free rents the halving above 3% also applies. Tip: check whether a valid value-protection clause was even agreed and whether the adjustment keeps to the cap.
📎 Official sources
- Tenants' Association · index adjustment 2026 →
- konsumentenfragen.at · tenancy law from 2026 →
- oesterreich.gv.at · rent →
❓ Frequently asked
Can the landlord raise the rent during the contract?
Only if a value-protection clause was agreed in the lease. Without such a clause, the landlord can't unilaterally raise the rent mid-contract. Where a clause exists, the statutory caps also apply on top.
How high can the increase be in 2026?
For 2026 a statutory rent brake applies. Reference-value and category adjustments are capped at at most one percent, and at most two percent in 2027. This applies regardless of how high the actual inflation in the relevant index was.
Does the brake apply to free rents too?
Yes. Since 1 January 2026 value protection is also limited for freely agreed rents. A full adjustment is only allowed up to an inflation of three percent; above three percent only half of the excess counts.
How often can the rent be raised?
A value-protection adjustment may be made at most once a year and from 1 April at the earliest. For existing contracts an increase therefore usually takes effect from May 2026. More frequent or earlier increases aren't allowed.
What can I do about an excessive increase?
An increase beyond the statutory cap is invalid. Over-paid rent can be reclaimed within the three-year limitation period. To do so, turn to the free arbitration board or the district court.
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