Vini is demanding the return of approximately 10,000 euros in rent.
A tenant in Vienna successfully challenged a significant rent increase after discovering that a clause in their contract allowed the property owner to raise the rent substantially. The case began with a 27% increase and has now reached the regional civil court in Vienna following a preliminary ruling in favor of the tenant.
The dispute began when the 40-year-old businessman Andreas T. signed a ten-year lease in 2018 for an apartment measuring 103 square meters in the "Döbling" area. The net monthly rent was set at €1,284.21, but it later increased under a "value protection" clause. By August 2024, the landlord demanded €1,633.63, an increase of €349.42, which is about 27% of the original rent.
Despite having paid the increases for years to avoid eviction, Andreas T. ultimately turned to the Consumer Protection Association (VSV) for help. The association argued that the clause violated consumer protection law because it allowed for a rent increase just two months after the lease began. The District Court of 'Döbling' ruled in favor of Andreas T., deeming the clause invalid, paving the way for a potential refund of around 10,000 euros.
However, the landlord appealed the ruling, and the final decision is still undecided. If the ruling is upheld, Andreas T. will receive a financial refund in addition to continuing to pay the original rent agreed upon in 2018. Daniela Holzinger-Vogtenhuber, the president of the Consumer Protection Association, welcomed the court's decision, emphasizing that landlords cannot rely on time constraints to evade returning unjustified increases.
However, the legal picture remains unclear, as the Supreme Court (OGH) recently upheld the validity of such clauses, contradicting previous decisions. Holzinger-Vogtenhuber emphasized that this contradiction should be resolved by an extended judicial body. In the meantime, the association continues to organize class actions to help tenants recover illegal rent increases and plans to pursue other cases if financial coverage is available.