Defect Complaint for Tenants in Austria
Many tenants in Austria are unsure how to correctly report defects in their rental and which deadlines apply. A formal defect complaint protects your rights under the tenancy agreement and can trigger repairs, rent reductions, or remedies. In this guide we explain in plain steps how to document defects, draft a written complaint, and set deadlines. You will also get tips on evidence, communication with the landlord, and what to do if there is no response. At the end you will find common questions, a practical how-to and official authority links for Austria so you can assert your claims safely and correctly. The information is general and does not replace legal advice in individual cases. We also show how to calculate deadlines and collect records.
What is a defect complaint?
A defect complaint is the formal notice to the landlord that a defect exists and what remedy you expect. It is used to assert obligations from the tenancy agreement and the Mietrechtsgesetz (MRG) [1]. The complaint should clearly describe the defect, date, location and desired deadline.
When and how to report?
- Send a written complaint (for example by registered mail) with a precise description of the defect.
- Set deadlines (e.g. within 14 days) and clearly state the expected remedy.
- Collect photos, videos and invoices as evidence.
- Document receipt of the complaint (receipt, registered mail, confirmation).
Respond to defects in time or you may lose rights.
Rights and possible consequences
As a tenant you may be entitled to remedies, rent reduction or compensation under certain conditions. If the landlord does not respond, you can involve municipal supervision, conciliation services or the district court [2].
- Rent reduction for significant impairment of living quality.
- Self-remedy and cost advances only after legal review.
- Litigation at the district court if out-of-court measures fail.
What to do if there is no response?
If the landlord does not respond, send a second complaint with a deadline and, if necessary, announce legal steps. Document every communication, as this will help in court or conciliation proceedings.
Keep all messages and receipts as evidence.
Frequently Asked Questions
- Can I reduce the rent if the landlord does not repair?
- Yes, under certain conditions a rent reduction is possible; amount and start depend on the severity of the defect and should be documented [1].
- Does the defect complaint always have to be written?
- Written form is strongly recommended because it serves as evidence; if reported verbally, provide a written confirmation afterwards.
- How long does a court procedure take?
- It depends on the case and court; simple procedures at the district court can take months, complex cases longer [2].
How-To
- Document the defect with date, photos and a short description.
- Write a formal defect complaint with a deadline and send it by registered mail.
- Wait for the set deadline and request remedy in writing if necessary.
- If the landlord does not react, consider legal steps and contact the district court or a conciliation service.
Key Takeaways
- Document defects immediately and thoroughly.
- Make the complaint clear, written and include a deadline.
- Use authorities and courts if out-of-court steps fail.
