Posts tagged #rent
All PostsAustrian Government Unveils Inflation Relief Act for Tenancy Law
Civil LawThe Austrian Federal Ministry of Justice recently presented the government bill for the Inflation Relief Act for Tenancy Law (Mietrechtliches Inflationslinderungsgesetz, hereinafter MILG). Restrictions on safeguarding value Value protection clauses a...
Austrian OGH: Ruling on Rent Claims after Business Closures
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, or OGH) addressed the issue of whether landlords are entitled to recover rent when business closures prevent them from subletting properties to holiday guests. In the present case, the plaintiff (land...
GER: Is Excessively Low Rent Contrary to Public Policy?
Civil LawAn apartment at an extremely low rent – this sounds like a dream for many tenants. In a recent case, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has clarified that the mere agreement of a low rent for a generously proport...
OGH: Major Ruling on Rental Agreement Clauses (Part 4)
Civil LawThe first part of a very extensive and practice-relevant clause decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter of 19 July 2024. This week, USANCEN devotes its attention to the fo...
OGH: Statute of Limitations for Capital Repayments
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the suspension of the statute of limitations pursuant to Section 1494 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) applies analogo...
OGH Voids Ambiguous Clause in Tenancy Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has repealed a clause according to which a landlord’s duty of proper maintenance does not apply if the tenant or persons attributable to the tenant are at fault for causing damage. Th...
OGH: Maintenance obligation of a newly created living space
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of how the landlord's duty of maintenance is structured when it concerns living space the tenant creates at his own expense. The plaintiff and the defendant have an existing...
OGH: If entry is prohibited, no rent has to be paid
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled for the first time that the rent exemption under Section 1104 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) is also applicable if business premises were sub...
OGH: Landlord's obligation to disclose rent surcharges
Civil LawIn the present case, the Supreme Court (Oberster Gerichtshof, OGH) had to deal with terminology in connection with rent surcharges and discounts. Above all, more general terms have been given a more concrete form. The applicant has been renting an ap...
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