Tenancy Rights and Decommodification: A Comparative Analysis of the Tenancy Rights Situations in Austria, Germany, and Switzerland

Abstract

In recent years, tenants throughout the world have faced increasing rents followed by social evictions, particularly in the urban context. Housing affordability has become a challenge not only for lower-, but increasingly for middle-income households. This paper examines the tenancy rights situation in Austria, Germany, and Switzerland through the lens of decommodification. The focus is on the rules of access to housing markets for new residents and the rules of security that govern the ability of the occupants to continue living in their apartments. Our aim thereby is to compare (a) the legal differences between the tenancy rights situations, and (b) the decommodifying effects of the implemented rules on tenants’ housing situation. Specifically, we ask; (1) How are tenants legally protected through tenancy rights – at the federal but also at the regional and local levels? (2) How does the tenancy rights situation effect tenants’ legal protection in housing? And (3) What influence does tenants’ legal protection have on private homeowners’ decisions to rent out their property? To answer the research questions, results are conducted through a qualitative and comparative case study design between Austria, Germany, and Switzerland. The three countries are so called ‘nations of tenants’, but with significant differences in tenants’ protection outcomes. Findings show that while tenancy rights in Switzerland are weakly protected, tenants in Austria and Germany receive stronger protection. Conclusions of this study help urban planners and practitioners to (re)consider tenancy rights as an effective way to protect tenants from displacement and to decommodify urban housing stocks.