Deadlines for Tenants: Settlement & Action in Austria

As a tenant in Austria it is important to know deadlines for settlements and for the execution of maintenance and repair obligations. When damage occurs or the landlord announces measures, MRG §3^[1] and other rules determine how quickly action must be taken, which response deadlines apply and which deadlines must be observed for settlement offers. In practice this involves timely notifications, photographic documentation, deadlines for reporting defects and deadlines until possible court proceedings before the district court^[2]. I explain in plain language which deadlines are typical, how to serve letters correctly, which evidence is important and which steps you can take yourself to enforce rights and avoid disadvantages. I also clarify deadlines for carrying out repairs, substitute performance and when rent reduction may be justified.

Deadlines and their meaning

Deadlines structure how quickly tenants or landlords must react. Some deadlines are explicitly stated in the contract or the MRG, others arise from customary practice or the need to prevent damage. Typical types of deadlines are: notification deadlines for defects, deadlines for remedying defects, and deadlines for settlement offers or performance of substitute measures. The exact duration can vary depending on the type of damage and the rental situation.

Typical deadlines for defect notifications

• Immediate reporting: Defects should be reported as soon as possible so that no claims are lost.
• Deadline to set an additional period: You can set the landlord a reasonable additional period, usually days to weeks depending on the extent of the damage.
• Deadline for substitute performance: If the landlord does not act, the law often provides time windows after which substitute performance becomes possible.

What applies to settlement offers?

For a settlement offer you should pay attention to a clear deadline for acceptance. If a deadline is missing, a prompt response is advisable. Check conditions carefully: are repairs, rent reductions or compensations fixed in time? A signed settlement often ends the dispute, so a reliable deadline plan is important.

FAQ

Which deadlines apply to defect notifications?

As a tenant you should report defects immediately; exact deadlines depend on the contract, the type of defect and statutory provisions.

How long does the landlord have for repairs?

The timeframe depends on urgency: in case of danger immediately, for non-urgent defects often within days to weeks.

What happens if deadlines expire?

If deadlines are not met, you can assert rights, for example substitute performance, rent reduction or legal action.

How-To

1. Step 1: Document the defect immediately (deadline) and inform the landlord in writing.
2. Step 2: Set a reasonable additional period (deadline) and name the deadline clearly.
3. Step 3: If there is no response, consider substitute performance or seek legal advice.
4. Step 4: If unsure, contact advisory services or a lawyer.

Key Takeaways

• Deadlines are crucial; act promptly.
• Documentation strengthens your case.
• Seek professional help for complex issues.

Help and Support / Resources

• [1] RIS - Federal Legal Information System
• [2] Justice - Information on Courts
• [3] JustizOnline - Forms and e-Services

1. [1] Mietrechtsgesetz (MRG) in the Legal Information System
2. [2] Information on district courts and procedures