A real estate company lost a legal dispute against a tenant in a district court. The tenant referred to the Consumer Protection Act, which prohibits value adjustment clauses under certain conditions if they become effective within two months of the contract being concluded. Additionally, the Supreme Court decided in 2023 that the Consumer Protection Act is also applicable to rental contracts.

Value Adjustment Clauses in Rental Contracts Invalid Only Under Conditions

The Constitutional Court now stated that such value adjustment clauses in rental contracts can be invalid under the Consumer Protection Act. However, under conditions: the provisions of the Consumer Protection Act would affect commercial landlords, not private landlords, a spokeswoman explained to the APA. Furthermore, value adjustment clauses that take effect within two months can indeed be valid according to the Constitutional Court. However, only if they have been individually agreed upon, and are not simply part of the General Terms and Conditions (GTC) or a pre-prepared contract form.

The court further states that it is constitutional if not only the rent increase within the first two months is reclaimed, but the value adjustment clause "becomes completely ineffective." This corresponds to the goal of "deterring entrepreneurs from using such clauses, and is justified by the typically weaker position of the consumer in contract negotiations."

Greens Criticize After Constitutional Court Decision

For the Green housing spokesperson Nina Tomaselli, the Constitutional Court ruling is a "warning finger" to the government coalition of ÖVP, SPÖ, and NEOS, whom the Green politician accuses of having "secret plans to annul the court-won claims of tenants through new legislation." With regard to government plans for a rent price cap, it is feared that "tenants are to be deprived of their court-won claims."

(APA/Red)

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