The rule: whoever orders the agent pays
Since 1 July 2023 the Bestellerprinzip (orderer principle) applies to rental flats in Austria. If the landlord hires the estate agent to find a tenant, which is almost always the case, the landlord pays the commission, not you.
Only 21% of Vienna rental ads say “provisionsfrei” explicitly (as of 27 October 2026), but under the new rule most flats are commission-free for the tenant even when the ad doesn't say so.
When you may still have to pay
- You hired the agent yourself, in writing, to search for you, and the flat was not already on their books from the landlord.
- Business premises, garages or purchases: the rule covers renting a home.
- Ads that ask for a “Vermittlungsgebühr”, “Bearbeitungsgebühr” or similar under another name: that is usually a disguised commission. Ask what exactly it is for.
You paid but shouldn't have
A commission charged against the rule can be reclaimed. Keep the invoice and proof of payment, write to the agent asking for the money back, and if that doesn't work, get free help from Mieterhilfe Wien or the Arbeiterkammer.
How FlatDrop helps
Every alert shows whether the portal marks the ad as commission-free, and a commission charged to the tenant is flagged as a warning, so you see it before you write to the landlord.