Up to 2500 euros: These tenants in Vienna are getting their money back
Good news for tenants in Vienna! Some residents of the city will be able to reclaim large amounts of money after a successful lawsuit revealed illegal clauses in their rental contracts. The case, led by the AK association (the labor association), resulted in tenants recovering overpaid operating costs, with some receiving up to 2500 euros.
The problem was discovered when a tenant noticed discrepancies in his lease agreement and requested the AK Association to review the terms. After a thorough analysis, the association found several illegal clauses related to operating costs. Efforts to resolve the issue with the company failed, prompting the association to take legal action. Ultimately, the case reached the court where the Vienna Supreme Court and the Supreme Court ruled in favor of the association, confirming that the fees were illegal.
Thanks to this ruling, tenants in six new residential complexes and attic apartments in old buildings will receive a refund for excess operating costs paid during the period from 2021 to 2024. In total, approximately 1.28 million euros will be refunded, with each affected tenant receiving an average refund amount of 2500 euros. The money will be returned to the tenants without the need for any legal action on their part.
AMISOLA, the property management company, has acknowledged the ruling and is quickly working to implement the refund process. Tenants will be notified in writing of the amount they will receive, and refunds will be processed without bureaucratic complications. The refund amounts depend on the size of the apartment and the length of the lease. Tenants from attic apartments will receive about 18% less, but they are still entitled to compensation.
The case also highlighted the prevalence of vague and excessive clauses in rental contracts. The AK Association urged other landlords to review their contracts and ensure the removal of any similar illegal clauses. It also encouraged landlords to recover amounts paid by tenants based on those clauses. With this legal victory, Vienna's tenants have become more aware of their rights and the protections available to them under the law.