Climate change is making its presence felt, especially in Austria. Since 1990, the temperature in the country has risen by about 3.1 degrees Celsius—more than twice the global average, according to the Second Austrian Assessment Report on Climate Change (AAR2). This can no longer be ignored, as evidenced, among other things, by summers that are becoming increasingly hotter and drier.
Heat waves now occur about 50 percent more frequently and last, on average, one to four days longer than during the 1961–1990 reference period. The number of hot days has tripled in recent decades, and the number of tropical nights is also on the rise. In Vienna, for example, there were an average of 9.5 hot days per year between 1961 and 1990; from 1991 to 2022, the average had already risen to 21.6 hot days.
As a result, insulation, exterior roller shutters, venetian blinds, and greenery are often no longer sufficient to maintain a comfortable temperature indoors. Air conditioning is increasingly seen as the only way to bring temperatures in rental apartments down to a tolerable level. But the urgent desire for air conditioning is not so easy to fulfill.
Can you install an air conditioner in a rental apartment?
As a tenant, you may only install an air conditioner if the landlord agrees. This is because installing an air conditioner constitutes a significant alteration to the rental property. To this end, the landlord must be informed of the planned project in writing—preferably by certified mail—and the letter should include, as far as possible, detailed plans, cost estimates, and information regarding the construction work. The landlord has two months from the date of receipt of the letter to respond. Failure to respond is considered consent, but in practice, installation against the landlord’s will is still only possible under strict conditions.
As a homeowner, can I just install an air conditioner?
Even as a homeowner, you can’t simply install an air conditioner unless you own a single-family home or an apartment building. Condominium owners, on the other hand, generally need the consent of the other owners to install an air conditioner.
What can I do if my landlord refuses to allow me to install an air conditioner?
If the landlord does not give consent, you can try to obtain it through the courts. Often, however, it remains just an attempt, as the courts apply strict standards when evaluating the requirements. For example, the air conditioning system must be state-of-the-art, conform to industry standards, and be installed properly by a professional contractor. Furthermore, there must be no significant adverse impact on the landlord’s interests, the building must not be damaged, and the modification must not pose a danger to people or property. Last but not least, the tenant must have a “significant interest” in installing the air conditioning system.
According to the Tenants’ Association, if individual co-owners refuse to give their consent, a court can determine, in non-contentious proceedings, whether the important interest in having a residence with tolerable indoor temperatures outweighs the legitimate interests of the other apartment owners.
By the way: The Federal Ministry of Housing, Arts, Culture, Media, and Sports (BMWKMS) and the Ministry of Justice are currently reviewing amendments to the Tenancy Law Act and the Condominium Ownership Act to make it easier to install air conditioning units.
Can a tenant request an air conditioner for the apartment?
No, there is no right to a cool home.
Who pays for the air conditioning—the tenant or the landlord?
The cost of the air conditioning is borne by the person who has it installed. As a tenant, you may be able to agree with the landlord on a cost-sharing arrangement or a buyout fee in the event that you move out.
What else should you keep in mind?
A building permit is generally required to install the outdoor unit of a split-system air conditioner. However, the relevant regulations vary from state to state. In addition, some municipalities have also designated protected zones.
But it’s not just about appearance: There are also regulations—that is, limits—regarding the noise level of air conditioners that must be adhered to.
Good to know:
- Even if the landlord gives his approval, there may still be trouble—namely, if other tenants are bothered by the noise from the air conditioner.
- Portable air conditioners may be used without the landlord’s or the other owners’ consent.
- An air conditioning system with indoor and outdoor units may only be installed in a rental apartment with the landlord’s consent.
- The landlord’s approval is not enough. A building permit is usually also required to install an air conditioner.
- Under certain circumstances, it may be possible to obtain a court order requiring consent to the installation of an air conditioning system.
- Anyone who has an air conditioning unit installed without permission risks a lawsuit for trespass.
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