Can I sublet my flat or list it on Airbnb in Austria?
Partly — but usually only with the landlord's consent. Subletting, including via Airbnb, generally needs the landlord's consent; get it in writing. Under § 11 of the Tenancy Act the landlord may refuse for important reasons (whole-flat subletting, overcrowding, an excessive sub-rent, disturbing the building community). The sub-rent may be at most 50% above the lawful main rent. Tourist letting almost always triggers a city tax (Ortstaxe) and a registration duty. In Vienna, in residential zones you may let your flat for tourist purposes at most 90 days a year without a special permit. In short: yes, but with consent, tax and registration.
📋 The rules
- Subletting/Airbnb usually only with consent
- § 11 Tenancy Act: refusal for important reasons
- Sub-rent max. 50% above the main rent
- Tourist letting: city tax + registration
- Vienna: at most 90 days a year in residential zones
🔓 Exceptions
- Whole-flat subletting is a ground for termination (§ 30)
- An excessive sub-rent can cost you the main tenancy
- Platforms now report Vienna listings to the city authority
⚠️ Penalties & fines
Letting in Vienna for more than 90 days a year without a permit risks a fine of up to €50,000. Subletting without consent or at an excessive rent can cost you the whole main tenancy through a court-ordered termination. Beware a myth: "it's my flat, I can put it on Airbnb whenever I like" is false — for a rented flat you need the landlord's consent, must pay the city tax, must register, and in Vienna are capped at 90 tourist days a year. Tip: get the consent in writing and sort out the city tax and registration in advance.
📎 Official sources
❓ Frequently asked
Can I sublet my rented flat?
As a rule only with the landlord's consent. A blanket ban can sometimes be challenged, but the Tenancy Act lists important reasons for which the landlord may refuse subletting, such as overcrowding or an excessive sub-rent. It's best to get the consent in writing.
How much sub-rent can I charge?
If you merely pass on the floor space, the sub-rent may be at most 50 percent above the lawful main rent in force when the sub-lease is signed. An excessive sub-rent can even be a ground for terminating the main tenancy.
Do I need to register for Airbnb?
Yes, tourist short-term letting almost always triggers a city tax and a registration duty. In Vienna you must register with the city and run an Ortstaxe account. Platforms now report Vienna listings to the city authority.
How many days can I let in Vienna?
In normal residential zones you may let your own flat for tourist purposes at most 90 days a year without a special permit, and only without giving up your own residence there. Letting for longer needs a permit.
What are the penalties?
In Vienna, letting beyond the 90-day limit without a permit can be punished with a fine of up to €50,000. Subletting without consent or at an excessive rent can also lead to termination of your main tenancy.
🔎 Common searches
What people search to land here:
- “sublet flat austria”
- “airbnb letting vienna rules”
- “sub-rent 50 percent tenancy act”
- “city tax airbnb austria”
- “airbnb 90 days vienna”
- “subletting landlord consent 2026”