Defect Notice: When Tenants Should Act in Austria

As a tenant in Austria, it is important to know when you should file a defect notice. A timely defect notice informs the landlord about damage or missing services, creates clear deadlines for remediation and is often a prerequisite for rent reduction or legal action. This guide explains which defects are typical, how to secure evidence, which deadlines apply and how to correctly formulate and serve the notice. The language remains simple and the steps are practical so you can assert your rights as a tenant in Austria confidently and objectively. At the end you will find a step-by-step guide, FAQ and official links to help you proceed quickly if needed.

What is a defect notice?

A defect notice is a written communication to the landlord stating that a defect exists in the rental apartment. The notice names the defect, demands remediation and sets a deadline. In many cases the procedure is based on the provisions of rental law (MRG).^[1]

Practical steps

How to proceed in practice so your notice is effective:

• Take photos, note dates and record details of the damage.
• Inform the landlord in writing and describe the defect precisely.
• Set a clear deadline for remediation (e.g. 14 days) so timeframes are trackable.
• Check whether a rent reduction is possible and how much it might be.
• If there is no response, consider legal steps or seek advice.

Evidence preservation

Good evidence significantly increases your chances. Pay attention to dating and completeness:

• Photos and videos with date and time for documentation.
• Datestamped notes and an error description with location and extent.
• Record witnesses or neighbors who can confirm the defect.

FAQ

When should I send a defect notice?

As soon as a significant defect exists that impairs the use of the apartment, you should inform the landlord in writing without delay and set a deadline for remedy.

Does the defect notice have to be written?

Yes. Written form is recommended because it provides evidence. Emails are usually sufficient but are best sent with acknowledgement of receipt.

What happens if the landlord does not respond?

If the landlord does not respond within the set deadline, you can consider rent reduction or legal action; in many cases a court clarification at the district court is possible.

How-To

Step-by-step how to file a defect notice:

1. Document: Take photos, videos and datestamped notes of the defect.
2. Compose: Write a clear, factual defect description with a deadline to the landlord.
3. Wait out deadlines: Let the set deadline pass and document further developments.
4. If necessary: Consider legal action and, if appropriate, file a claim; e‑forms and online services are available.^[2]

Key takeaways

• Always send the notice in writing and formulate it clearly.
• Collect and date evidence carefully.
• Observe deadlines, otherwise claims may be lost.

Help and support

• [1] Mietrechtsgesetz (MRG) — RIS
• Information on courts and procedures — Justiz
• E‑forms and submissions — JustizOnline

1. [1] Mietrechtsgesetz (MRG) — RIS
2. [2] JustizOnline Forms — JustizOnline