Rental Law – MRG
Is the apartment still being used (regularly)? If so, by whom? And for what purpose? Or is it vacant altogether?
“Center of Life”
A term that only appeared in the German spelling dictionary in 2006. In Austrian rental law, it has always played a crucial role in connection with a person’s “main residence.”
Key criteria for the “center of life”:
- the length of stay in a residential property
- the location of the workplace or educational institution
- the residence of family members, especially children
So much for the letter of the law!
The Central Register of Residents is patient. Especially in the case of “peace crown rent apartments” or other affordable rental apartments subject to the full or partial scope of the Rental Law, landlords often become plagued by legitimate doubts over time about whether (still) everything is in order: Is the apartment still being used (regularly)? If so, by whom? And for what purpose? Or is it vacant altogether?
Especially when it turns out that in addition to the (elderly) main tenant, a closer (eligible to enter into the rental agreement) relative suddenly also appears in the Central Register of Residents with a main residence, alarm bells should ring.
When a parquet-floored old apartment costs (far) less per square meter than a municipal apartment, it becomes clear that over the years, decades, and perhaps even generations, it ultimately comes down to a fortune! The temptation to “trick” with main and secondary residences to “inherit” or “reserve” the bargain for (even adult) children or grandchildren is correspondingly great.
Misdemeanor or (actually) serious fraud?
A violation of the Registration Act (§ 22) constitutes (only) an administrative offense. The penalty for “cheaters” is therefore (beyond criminal law) manageable, and the risk tends to be comparatively close to zero; the imagination for concealing and deceiving is often given even more wings. Since the tenant can be terminated in the worst case (if the facts can be proven), they can only win.
However, only the landlord can lose. He can only lament the customary rent, which, for example, due to the shortage of housing in Vienna, has increased by 30 percent(!) in the last ten years. He bears the burden of proof that, for example, a rented property is no longer regularly used for residential purposes by the (official) main tenant. Since the low “rental income” often cannot even cover the maintenance and renovation costs, he is practically (piece by piece) expropriated.
Neighbors as Witnesses
Even if they should whisper under their breath that, for example, an apartment is allegedly vacant, that’s one thing. Whether they then prove to be useful witnesses in court or suddenly suffer from memory lapses there, is another matter. Moreover, the jurisprudence is notoriously more inclined to favor the tenant in case of doubt. And surveillance using cameras has been prohibited by data protection laws. Once again, detectives are needed to conduct professional investigations and provide court-admissible evidence.
You can find a complete list of important termination reasons in § 30(1) MRG here: https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Bundesnormen&Dokumentnummer=NOR40026135
Do you have any questions or would you like to arrange a free consultation?
DETECTIVE AGENCY PÖCHHACKER
Your contact point for all kinds of observations and investigations since 1983