Real Estate Law // Tenancy Law

For Tenants

  • Is the tenancy agreement at hand legally sound?
  • My heat boiler is broken. Who has to take care of its repair?
  • There is mold in my apartment. Have I got the right to discounted rent?
  • The rent I pay seems excessive. Who can check it for me and claims for any overpaid rent?
  • My landlord terminated my tenancy agreement. What can I do about that?

Real Estate Law is one of our office’s fields of expertise. We have extensive experience in the representation of tenants, landlords and property manage-ment organizations: Be it contractual issues, issues regarding judicial rent reviews or eviction and termination processes.

For Landlords

  • Am I allowed to choose freely how much rent I want to charge or are there any categories or benchmarks that I have to consider when deciding on costs?
  • Can I ask for compensation for investment of my tenant?
  • The limited lease term contract is running out. Can I extend it? What do I have to take into account in this case?
  • Personal need of my property arose. Does this warrant the termination of my tenancy agreement?
  • My tenant is not paying rent. Who will file a suit for outstanding rent payments and take action for eviction?

We can answer all of your questions regarding your position as a landlord. We would be glad to view your rental property and become your ongoing point of contact for all legal matters relating to your real state.

For Buyers and Sellers of Real Estate

  • I require a sales contract- right now.
  • Who will calculate my real estate profit tax, land transfer tax and the registration fee for me. Who will issue the payment to the tax office?
  • Who will accompany my purchase of a home as a trustee and hedge me?
  • A third party finances my purchase of an apartment. Who will take care of all formalities required by the bank?
  • I would like to sell a property. The land register states that the lien and trespass right persist. How can I get rid of the servient tenement?

Reasons for Schmelz lawfirm

  • Our clients include property managers. Therefore, we constantly represent tenants and landlords of apartments and commercial real estate such as offices or business premises.
  • Our clients include real estate agents. We therefore constantly represent buyers and sellers of real estate.
  • We have experience in the management of real estate and are therefore used not only to give smart tips, but to show practical solutions.
  • Our know-how in the field of real estate law has received several awards. For example the ACQ5 Law Awards 2018 and 2017 as "Austrian Boutique Real Estate and Tenancy Law Company of the Year", the CorporateINTL Global Awards 2018 as "Tenancy Law Firm of the Year in Austria" and the AI Legal Awards 2016 and 2015 as "Best Real Estate Boutique in Austria".

Our clients mostly want one thing: To make the way of reaching their goal of acquiring their own home swift and straightforward. We want to meet those needs. We will take care of contractual a tax matters so that you do not have to worry about anything. The easy route to your new POINT of RESIDENCE.

Here you can find us


  •  Stadtplatz 4 Top 2, 3400 Klosterneuburg
  •  +43 2243 327 44
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  •  Währinger Strasse 16 Top 14, 1090 Wien
  •  +43 1 946 11 60
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