Too High Operating Costs: AMISOLA Tenants Receive Up to 2,500 Euros Back

The special feature: The repayment is made without an individual lawsuit because AMISOLA acknowledged the illegality.

High Additional Payment for Operating Costs: Tenant Set the Case in Motion

The case was set in motion after a tenant had his contract reviewed by the Chamber of Labor due to a high additional payment for operating costs. It turned out that several clauses, such as those for not precisely defined operating costs, were illegal. After discussions with AMISOLA did not bring complete clarification, the Chamber of Labor filed a lawsuit.

In parallel, the Supreme Court (OGH) decided in 2024 in a similar case in favor of the consumers. AMISOLA then signed a cease-and-desist agreement and committed to no longer using certain clauses in the future. The Chamber of Labor Vienna now calls on other landlords who use similar or identical clauses to revise their rental contracts and refund unlawfully collected costs.

How Affected Tenants Get Their Money Back

The repayment concerns 798 tenants who are consumers within the meaning of the Consumer Protection Act (KSchG), have concluded a rental contract with AMISOLA, and whose apartment falls under the partial application area of the Tenancy Law (MRG). Specifically, these are six residential complexes built in recent years as well as attic apartments in old buildings. A list of addresses is available on the Chamber of Labor Vienna's website.

AMISOLA will inform all affected parties in writing about the respective amount of the repayment in the coming weeks. The amounts will be transferred quickly and unbureaucratically. The amount of the repayments for the six residential complexes for the entire period from January 2021 to December 2024 (excluding VAT) is 41.52 euros per square meter, depending on the start of the rental and the size of the apartment. Tenants of the attic apartments in the older buildings will receive about 18 percent less back. Those who have already moved out can contact anfrage@bk-retour.at via email.

(Red)

This article has been automatically translated, read the original article here.