Paid Too Much Rent? Tenant Association Provides Tips for Reclaiming
The value adjustment clause was a common practice in tenancy law for many years. However, a Supreme Court ruling in the spring of 2023 caused a stir: It determined that the clause is inadmissible in many cases and violates consumer protection laws.
The Constitutional Court recently confirmed this ruling, giving tenants the opportunity to reclaim rent adjustments. Theoretically, there is even a chance to do this retroactively for up to 30 years.
Reviewing the Lease Agreement is Essential
The Chamber of Labor points out that each case should be carefully examined. As reported by ORF, Elke Hanel-Torsch from the Vienna Tenants' Association offers advice on how tenants should closely scrutinize the sections on value adjustment in their contracts. In particular, the following points should be noted:
Inadmissible Rent Increases
A key point is the regulation of rent increases within the first two months after the start of the contract. Clauses that allow such increases are inadmissible. Hanel-Torsch explains: “If the contract states that the rent can always be increased on January 1st and you moved in August of the previous year, this clause is valid. However, if the contract states that an increase can occur directly in January after moving in December, this is inadmissible.”
Problematic Clauses and Reclaiming
Unclear wording or missing information in the clauses can also be problematic. Hanel-Torsch explains: "If a clause is invalid, you automatically revert to the originally agreed rent. All subsequent increases would thus be ineffective, and the money paid can be reclaimed." However, proper documentation is important for this, such as old bank statements and transfer receipts.
Seek Professional Advice
Those who are unsure should seek professional help, for example from the Vienna Tenants' Association. This can be particularly important for tenants who have difficulty asserting their rights.
Demand for Legal Frameworks
Some economic researchers warn that without valid value protection clauses, indefinite rental contracts could be further pushed back. However, Hanel-Torsch already considers such contracts in Vienna as "hardly common anymore." While she considers higher initial rents for new contracts unrealistic, she still calls for additional legal regulations to strengthen tenants' rights.
(Red)
This article has been automatically translated, read the original article here.