Defect Notice Deadlines for Tenants in Austria
If defects occur in a rental unit, it is important for tenants to act quickly and correctly. In Austria, the Mietrechtsgesetz (MRG) often governs which deadlines apply to defect notices and which steps landlords and tenants must follow. This guide explains how to document damage, write a proper defect notice, set deadlines and which timelines are relevant for repairs or rent reduction. You will also learn how to collect evidence, coordinate appointments and when going to the district court may be sensible. The aim is to protect your rights as a tenant and resolve conflicts factually so defects can be remedied as quickly as possible. The guidance is general and does not replace individual legal advice; in complex disputes legal counsel may be advisable. If unsure, tenant associations and official information services offer support.
When should tenants file a defect notice?
A defect notice is required as soon as a defect impairs the use of the rented property or causes costs. Report obvious defects promptly in writing and set a reasonable deadline for remediation. In many cases the MRG defines deadlines and obligations of landlords and tenants.[1]
In most cases, a written notice is important.
What should a defect notice include?
- Date, address, specific description of defects and a clear deadline for remedy.
- Attach photos, measurements and witness statements.
- Proof of delivery: document registered mail or confirmation of receipt.
- Specify the desired repair and whether access for contractors is possible.
- If relevant: indicate the possibility of rent reduction until the defect is remedied.
Keep all receipts and photos well organized.
Send the notice preferably in writing with proof of receipt. Some procedural steps or form offerings are available online; for court steps use official e-forms.[3]
How-To
- Document the problem: note the date, take photos and name witnesses.
- Draft a written defect notice and set a clear deadline (e.g. 14 days).
- Deliver the notice: send registered mail or email with confirmation of receipt.
- Request repair from the landlord and coordinate inspection or repair appointments.
- If no solution occurs: consider court action at the district court.[2]
Respond within legal deadlines, or you may lose rights.
FAQ
- How long do I have to report a defect?
- There is no single deadline for all cases; report defects without delay and set a reasonable deadline for remediation, usually 14 to 30 days depending on the defect.
- Can I reduce the rent before the defect is fixed?
- Yes, under certain conditions a rent reduction is possible. Document the scope and duration of the defect carefully and announce the reduction in your notice.
- What if the landlord does not respond?
- If the landlord does not respond, you can consider further steps such as having repairs carried out by third parties at the landlord's expense or enforcing rights through the district court.
Key Takeaways
- Set deadlines in writing; otherwise claims may be harder to enforce.
- Good documentation (photos, receipts) strengthens your position in disputes.
- If unsure, tenant associations or official court information can help.
