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ARTICLE · 07 FEBRUARY 2025

New Supreme Court Ruling On Operating Costs And Indexation Clauses

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

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On 17 December 2024, in a lawsuit brought by a tenant against his landlord for repayment of operating costs and rent increases based on indexation, the Supreme Court ruled (10 Ob 54/24z)...

AustriaReal Estate and Construction

On 17 December 2024, in a lawsuit brought by a tenant against his landlord for repayment of operating costs and rent increases based on indexation, the Supreme Court ruled (10 Ob 54/24z) that the landlord was obliged to repay the operating costs, but confirmed the validity of the value retention clause and provided some clarification on points that had previously been controversial.

This decision was presented in the daily press as a great victory for tenants and a significant risk for landlords. In fact, it is positive for landlords in many areas.

When is a contract considered general terms and conditions?

If the landlord indicates a willingness to amend or negotiate the wording of the tenancy agreement they have drafted, the agreement is no longer considered general terms and conditions. To this end, the contract must not only be sent to the tenant for "review and signature" but must also be sent for "review and notification of proposed additions

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