Tenant's Notice of an EV Charging Point: The Landlord's Two-Month Response under Section 9 MRG

The two-month period in Section 9 of the Austrian Tenancy Act (Mietrechtsgesetz, MRG) may apply when a tenant gives notice of a private wallbox or other EV charging point. First establish who intends to make the alteration, whether the parking space forms part of the same tenancy and which MRG provisions govern the property.

If Section 9 applies, the landlord must assess the proposed substantial alteration against the statutory conditions and the building's electrical and structural circumstances. A charging point is not automatically a privileged alteration simply because it serves an electric vehicle. Electricity tariffs, grants and charging-cost allocation address separate questions.

Does Section 9 MRG cover this charging point?

Section 9 MRG concerns a substantial alteration of the rented property intended by the main tenant. The rule therefore requires the person planning the installation to be the main tenant and the affected area to fall within that tenancy.

Section 1 MRG covers residential lettings and certain house or land areas let with them, including parking and charging areas. The word included matters. If a parking space is covered by a separate agreement, its relationship to the flat tenancy needs to be examined. Statutory exclusions and partial-application categories can also change which provisions apply. Section 9 is not among the provisions listed for the property groups in Section 1(4) and (5).

Review the tenancy, any separate parking agreement, the building and the proposed cable route together. A building-wide photovoltaic or heat-pump arrangement raises different contractual and cost-allocation questions. See the separate article on photovoltaics and heat pumps in a rented building.

What should the installation notice describe?

Section 9 does not prescribe a single form or an exhaustive list of attachments. The notice should describe the plan clearly enough to identify the location and scope of the alteration. Useful details include the charging point's position, cable route, proposed connection and expected capacity.

Technical documents can show whether the design reflects current technical standards, can be installed professionally and avoids safety risks. Information about the responsible electrician, circuit protection, work on shared parts, fixing methods and effects on other tenants can help. A cost estimate also shows whether the main tenant will bear the expense.

These materials are a practical basis for review, not a statutory checklist. Keep the version received and record its arrival date. If information is missing, identify the specific gaps and ask promptly, while continuing to monitor the period.

When does the two-month period begin?

Section 9(1) MRG ties the period to the landlord's receipt of the notice. The relevant date is therefore when the notice reaches the landlord, not merely when the main tenant sends it. An acknowledgement, delivery record or reliable email trail can help establish the date.

If the landlord does not reject the intended alteration within two months after receipt, the statute treats consent as given. That consequence concerns the alteration described in the notice and depends on Section 9 applying to the tenancy.

Section 9 contains no express rule that a request for more information automatically suspends or restarts the period. If the notice is too vague to identify the planned work, its legal effect may require a case-specific assessment. Do not assume that an information request stops the clock.

Which statutory conditions apply to the installation?

Section 9(1) MRG prevents the landlord from refusing without basis where all statutory conditions are met. The alteration must reflect current technical standards, accord with accepted practice and serve an important interest of the main tenant. Proper execution must be assured, and the main tenant must bear the costs.

The alteration must also avoid impairing the landlord's or other tenants' legitimate interests, damaging the building or endangering people or property. For a charging point, the actual cable route, fixings, connection and any work to shared building parts matter. The answer depends on the particular building and design.

Section 9(2) lists certain alterations for which the tenant's important interest is treated as established. The list includes specified service and heating installations, energy-consumption reductions, publicly funded improvements and other named facilities. This rule replaces only the important-interest condition in Section 9(1)(2). The other conditions remain. A private EV charging point is not automatically within that list.

How should the landlord respond within the period?

Assess each statutory condition against the actual installation. If the technical design, payment and effects on the building and other tenants satisfy the requirements, consent cannot be refused. Section 9 also refers to a required application to the building authority. Any separate public-law procedure should be checked on its own terms.

If information is missing, promptly identify what is needed about the location, capacity, route or method of installation. If rejecting the proposal, make clear that the identified alteration is rejected and record the technical facts or legitimate interests relied on. An internal review or an open-ended holding reply does not provide a reliable answer to the notice.

The broader article on tenant alterations in an apartment building discusses consent, reinstatement and purchase review. This article focuses on the response period for a proposed charging point.

Must the charging point be removed when the tenant leaves?

Consent does not automatically create a duty to remove every installation. Under Section 9(3) MRG, where a substantial alteration is not listed in subsection (2), the landlord may make consent conditional on the main tenant restoring the previous condition when returning the property.

Whether that option applies to a particular charging point depends on its legal classification. If reinstatement is agreed, specify the equipment, wiring, fixings and repairs covered. A handover record with photographs can document the starting condition.

Consent, technical execution and the condition at the end of the tenancy are separate issues. The agreement should identify the approved installation and state which parts may remain or must be removed when the tenant leaves.