Housing Rights 2026. Do you want to rent an apartment or join a community of owners? Then you should know the key rules of the game. In this article, you will learn clearly and comprehensibly what rights and obligations the Tenancy Act (MRG) and the Condominium Act (WEG) have in store for you. This will help you avoid legal pitfalls and costly mistakes.
Tenancy Act (MRG): Your rights as a tenant:in
The MRG provides tenants with comprehensive protection against overreaching. These aspects are particularly important:
Protection against dismissal
A tenancy can only be terminated for certain legal reasons, such as a serious breach of contract or urgent personal use by the landlord.
Rent regulation
In many cases, a rent cap applies. In the case of older buildings in particular, the rent may only be adjusted within the legally stipulated framework.
Maintenance obligation
The landlord is responsible for the maintenance of general parts of the building (e.g. roof, façade, staircase).
Tip: Some business premises may also be subject to the MRG if they are mainly used for residential purposes.
Conclude a rental agreement: What you need to bear in mind
Written form & time limit
- Fixed-term rental agreements for apartments must In writing be concluded.
- The minimum duration is three years.
Deposit & transfer fee
- The deposit may a maximum of six months' gross rent amount.
- Inappropriate compensation or one-off payments without genuine consideration are inadmissible.
Operating costs
These may only be charged if they are agreed in the contract and billed transparently.
Note: Without a written time limit, the tenancy agreement is automatically deemed to be for an indefinite period.
Condominium ownership (WEG): Your role as owner:in
Home ownership means more than just ownership: you are automatically part of a community of owners.
Requirements & justification
Condominium ownership can be established in structurally self-contained units (apartment, premises, parking space).
Community of owners
All owners are automatically part of the community. This community manages the property, forms a maintenance reserve and makes joint decisions.
Administrator & decision-making
- An administrator is appointed by majority resolution and implements the joint decisions.
- A majority of the co-ownership shares is required for valid resolutions.
Tip: Decisions may be appealed within 30 days if they are unfair or unlawful.
Avoid common tripping hazards
- Structural seclusion: Without this, condominium ownership is not possible.
- Clearly regulate accessories: Cellar compartments, gardens or terraces must be allocated in the usable value report and apartment contract.
- Maintenance obligations: Owners bear their share of the costs for renovations and repairs.
- Subletting: Is possible, but subject to rules.
Note: When buying an apartment, make sure you have clear regulations on special rights of use.
Key Takeaways – Housing Law 2026
- Always conclude rental agreements in writing and with a clear time limit
- MRG offers comprehensive protection for tenants
- Home ownership brings co-determination obligations and cost responsibility
- All rights and obligations are regulated transparently and in writing
- Actively shaping the community of owners
- Seek legal advice in case of uncertainty
Conclusion: make well-informed decisions with confidence
Whether you want to rent or buy: If you know the legal basics, you will make safer decisions. Clarify the contents of the contract, check the operating costs and make sure the ownership structure is clear. If anything is unclear, it is worth seeking legal advice.
Read also:
Renting Out Apartments in Salzburg and Vienna in 2026: How to Turn Your Property Into a Reliable Source of Income - This article shows you how to draft legally compliant rental agreements and avoid typical mistakes - with a focus on MRG & administration.
FAQs – Housing Rights 2026
What exactly does the right to housing mean?
This term summarizes the most important legal provisions that will apply to tenants and condominium owners in 2026—in particular, the Tenancy Law Act (MRG) and the Condominium Ownership Act (WEG).
When does the Tenancy Law Act (MRG) apply?
The MRG applies, in whole or in part, primarily to older buildings, municipal housing, and cooperative housing. New buildings constructed in 2002 or later, as well as single-family homes, are generally not covered by it.
What rights do I have as a tenant under the MRG?
The MRG protects tenants by:
strong protection against dismissal
Rent Control in Many Cases
Clear maintenance obligations of the landlord for common areas of the building
When can a lease be terminated?
A lease may be terminated only for reasons specified by law, such as a serious breach of contract or the landlord’s justified personal need for the property.
Is there a rent cap?
Yes. Especially in older buildings, rent is subject to legal restrictions and may only be adjusted within the prescribed limits.
Who is responsible for repairs and maintenance?
The landlord is responsible for common areas of the building, such as the roof, exterior walls, and stairwell. Tenants are generally only responsible for minor maintenance inside the apartment.
Does a lease agreement have to be in writing?
Fixed-term rental agreements for apartments must In writing be concluded. Unless in writing, the contract is considered to be of indefinite duration.
How high can the deposit be?
The security deposit may not exceed six months' gross rent amount.
