Apartment Rental: Ordering Principle According to VfGH Constitutional

There are no constitutional concerns. "The individual application of the owner of a rental building in Vienna was therefore dismissed as unfounded," the VfGH announced on Friday.

The decision was recently delivered to the parties involved. Since 2023, for the mediation of a rental agreement, the contract partner who first commissions a real estate agent with the mediation is generally required to pay a commission (§ 17a Broker Act). In practice, this is usually the landlord.

VfGH: Ordering Principle in Apartment Rentals is Constitutional

"Agreements that violate this regulation to the detriment of the apartment seeker are invalid and punishable," emphasized the VfGH. This provision pursues "the legitimate goal of financially relieving tenants, especially those with low or medium income." § 17a Broker Act ties into the actual conditions of the real estate market: "In general, it is the landlord who approaches a real estate agent with a mediation order for a specific rental property."

In an average consideration, it is also assumed that the landlord derives a greater benefit from the broker's mediation activity than the tenant. "The legislator has therefore not exceeded its - particularly in housing law - wide scope for legal policy design; § 17a Broker Act neither violates the principle of equality, nor does it constitute a disproportionate interference with the property rights of the landlord. (G 168/2024)," explained the VfGH.

(APA/Red)

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