Student Housing Agreement (Austria)
A fixed-term student housing agreement drafted for Austrian law, covering guarantor cover, the deposit, house rules and vacation periods. Suitable for private landlords and student residences (Studentenheime) letting to enrolled students.
What's included
- Fixed academic-year or semester term with enrolment condition
- Deposit (Kaution) clause respecting the three-month cap
- Guarantor / co-signer (Bürge) undertaking
- House rules, quiet hours and conduct
- Vacation-period occupancy and storage terms
- Joint tenant rights and shared-room rules
- Notice and early-termination mechanics
- Signature block for student, guarantor and landlord
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🇦🇹 Local law notes — Austria
Most residential lettings fall under the Tenancy Act (Mietrechtsgesetz – MRG), with the General Civil Code (ABGB) governing excluded categories such as certain new-build or free-financed apartments; purpose-built student residences may use a separate residence agreement. Security deposits (Kaution) are capped at three months' rent and are held on a separate interest-bearing account. Statutory tenant notice runs to the end of a calendar month, and fixed-term residential tenancies under the MRG are generally a minimum of three years, terminable by the tenant after the first year with three months' notice. All residents must register their address under the Registration Act (Meldegesetz).
Inside the document
1. Parties and Enrolment Condition
Identifies the landlord or residence operator and the student tenant. The student warrants they are enrolled at a named Austrian higher-education institution (Hochschule/Universität) and agrees that continued enrolment is a condition of the agreement. Contact and Austrian registration (Meldezettel) details of both parties are recorded.
2. Premises and Legal Nature
Describes the room or apartment, shared areas and inventory. States whether the letting falls fully or partly under the Tenancy Act (Mietrechtsgesetz – MRG) or under the General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB); purpose-built student residences may operate under a separate residence agreement rather than a standard MRG tenancy.
3. Term (Academic Year / Semester)
Sets a fixed term aligned to the semester or academic year. Notes that under the MRG a residential fixed term is generally a minimum of three years, but student and residence lettings are commonly structured to shorter terms; the parties record the agreed start and end dates and any renewal option.
4. Rent and Payment
States monthly rent, whether operating costs (Betriebskosten) and utilities are included or billed separately, the due date and payment method. Any VAT and indexation (Wertsicherung) is disclosed.
5. Deposit (Kaution)
Sets the security deposit, which must not exceed the equivalent of three months' rent and, under Austrian practice, is held on a separate interest-bearing account and returned after deduction for proven damage or arrears.
6. Guarantor / Co-Signer (Bürge)
A parent or third-party guarantor co-signs and accepts liability for rent and damage the student does not pay, within limits recorded here. The guarantor confirms receipt of a copy of the agreement.
7. House Rules and Conduct
Sets quiet hours, guest and noise rules, cleaning duties for shared areas, no-smoking and safety obligations. Repeated serious breaches may be grounds for termination under the MRG's important-reason provisions.
8. Vacation Periods and Absence
Clarifies that the room remains reserved and rent remains payable during semester breaks unless a break-term arrangement is agreed, and sets rules for extended absence, storage of belongings and access.
Frequently Asked Questions
Is a student let in Austria a tenancy under the MRG?
It depends on the building and arrangement. Many private lettings fall under the Tenancy Act (Mietrechtsgesetz), while some new-build or free-financed apartments fall only under the Civil Code (ABGB), and purpose-built student residences often use a distinct residence contract. The template states which applies.
How much deposit can a student landlord in Austria ask for?
A security deposit (Kaution) is capped at three months' rent and is customarily held on a separate interest-bearing account, returned after deductions for proven damage or unpaid rent.
Do I need to register my address as a student in Austria?
Yes. Austria's Registration Act (Meldegesetz) requires you to register your residence (Meldezettel) with the local authority, generally within three days of moving in.