Guest Occupancy Agreement (Austria)
A guest occupancy agreement for Austria that provides accommodation without conferring security of tenure, setting house rules, permitted length of stay and liability for a lodger-style arrangement.
What's included
- Non-tenancy guest occupancy basis
- Permitted length of stay
- House rules and access
- Fee and included services
- Deposit within the statutory cap
- Liability and belongings
- Termination without security of tenure
- Signature block
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🇦🇹 Local law notes — Austria
A guest or lodger who shares accommodation and lacks exclusive possession generally has a licence, not a protected tenancy under the Tenancy Act (Mietrechtsgesetz), so no security of tenure arises; genuine host access and defined stays help preserve this character. Deposits are capped at three months and held separately. Where the guest is a consumer, the Consumer Protection Act (Konsumentenschutzgesetz) can strike down unfair contract terms, and long exclusive occupation risks re-characterisation as a tenancy.
Inside the document
1. Parties and Nature of Occupancy
Identifies host and guest and states that the guest occupies as a licensee/guest, sharing accommodation with or under the control of the host, and does not obtain exclusive possession or security of tenure under the Tenancy Act (Mietrechtsgesetz – MRG).
2. Accommodation Provided
Describes the room and shared facilities the guest may use and confirms the host retains access and control of the premises.
3. Permitted Length of Stay
States the start date and the maximum permitted duration, and that any extension requires the host's written agreement; long, exclusive occupation is avoided so the arrangement does not harden into a tenancy.
4. Fee and Services
States the periodic contribution or fee, what services are included (utilities, cleaning, meals), and the payment method and due date.
5. Deposit
Sets any deposit, not exceeding three months' fee, held separately and refundable after deductions for proven damage or arrears.
6. House Rules
Sets conduct, quiet hours, visitor, smoking and cleaning rules, and use of shared areas.
7. Access and Privacy
Confirms the host may enter the guest's room for cleaning, maintenance and safety on reasonable notice, reflecting the non-exclusive nature of the occupancy.
8. Liability
Allocates liability for damage caused by the guest and limits the host's liability for the guest's belongings as far as permitted by law.
Frequently Asked Questions
Does a guest or lodger get tenancy protection in Austria?
Where the occupier shares accommodation and lacks exclusive possession, the arrangement is a guest/licence relationship rather than a protected tenancy under the Mietrechtsgesetz, so security of tenure does not arise. Long exclusive occupation can risk re-characterisation as a tenancy.
How long can a guest stay without it becoming a tenancy?
There is no single fixed limit, but the arrangement should be genuinely short or non-exclusive; the longer and more exclusive the occupation, the greater the risk it is treated as a tenancy. Keeping stays defined and host access real reduces that risk.
Can I set short notice to end a guest occupancy?
Yes, because it is not a protected tenancy the parties can agree shorter notice, but consumer-protection rules (Konsumentenschutzgesetz) may limit unfair terms where the guest is a consumer.