A VFGH decision is back on the focus of illegal clauses. However, it only gets really exciting with the OGH judges in the fall. The “Kroon” has looked at what the current discussion means for tenants.
What are the illegal clauses about?
After collecting claims by consumer protectors, the Supreme Court ruled that countless clauses in lease contracts are invalid. It is about securing value, ie the automatic increase with inflation based on the VPI.
So does everyone get money back with such a clause?
No. Lawyer Oliver Peschel emphasizes that “the judiciary can look different again in individual proceedings”. The OGH spoke his judgment after a Class Action right case. However, the supreme funnel is particularly strict and accept the “most anti -consumer” interpretation of a clause.
What does the new judgment of the Constitutional Court mean for the tenants?
This does not change in the first way. The VFGH “Only” only decided that dishes could remove such clauses. “Everything else would have been a big surprise,” says Peschel. The judgments in the summer become really decisive.
When will clarity rule?
In the fall, the OGH will determine how to deal with it in individual procedures. That can actually be decisive.
Do I have to keep this as a tenant now?
A look at your own rental agreement does not harm any harm. However, it is not necessarily recommended without legal protection insurance, because the judiciary fluctuates very much.
What does the government want to reform?
Firstly, the government only wants to allow retrospective claims for five years. Moreover, the legal certainty must prevail in the future by creating a legal “Value Security Index”.
Does that also affect other contracts?
This is not clear because it is not compensated. Due to a few euros in the mobile telephone contract, almost nobody denies the legal process. There is nervousness among insurers. Because even with health insurance, many clauses can be legally ineffective.
Incidentally, the government also plans legally safe clauses in other “permanent offender”.
Source: Krone
I’m Ben Stock, a journalist and author at Today Times Live. I specialize in economic news and have been working in the news industry for over five years. My experience spans from local journalism to international business reporting. In my career I’ve had the opportunity to interview some of the world’s leading economists and financial experts, giving me an insight into global trends that is unique among journalists.
