Various internet platforms offer the opportunity to rent or sublet your own apartment on a daily basis to third parties, primarily tourists. This utilization option is used not only by apartment owners, but also by apartment tenants.

 

On the occasion of its current decision on 7 Ob 189/17w, the OGH dealt with the question of whether the reason for termination in Section 30 Paragraph 2 Z 4 of the second case MRG can be realized through the subletting of old apartments on a daily basis. This stipulates that the landlord can terminate the rental agreement if the tenant exploits the rental property by (partially) transferring it to a third party in return for a disproportionately high consideration. The Supreme Court has now made a landmark ruling and confirmed the termination of tenants who made excessively high profits through short-term subletting of their rented old apartment via an internet booking platform. strong> had achieved.

In a recent decision, the Supreme Court (OGH) addressed the question of whether the tenants of an old apartment were earning “disproportionately high income” by subletting the rental property on a daily basis, and thus a reason for termination within the meaning of the regulations of the Tenancy Law (MRG).
As part of our current newsletter we analyzed this decision and the resulting consequences for the rental of old apartments.

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