Energy Certificate: Tenant Rights in Austria
When is an energy certificate mandatory?
The energy certificate is regulated by provisions of tenancy and building law. In general, landlords must provide proof for certain new builds, major renovations or when offering a property for rent or sale. For tenants in Austria it is important: the Mietrechtsgesetz (MRG) and related regulations set out duties and exceptions[1].
What disclosure rights do tenants have?
Tenants have a legitimate interest in information that affects the value of their housing. This means: you may request relevant documents and in many cases demand inspection. The duty to respond particularly concerns information that was important at the contract signing or that affects living quality.
Does a missing energy certificate affect the rent?
A missing or incorrect energy certificate usually does not automatically justify a rent reduction or an immediate rent increase. However, it can have legal consequences, such as disclosure claims or obligations to correct statements. Whether concrete financial claims arise depends on the individual case.
What can tenants practically do?
If the landlord refuses to provide information or does not supply documents, these steps can help:
- Request information in writing and set a deadline.
- Document all communications and missing responses.
- Seek advice from a tenants' association or legal counsel.
- If necessary, consider legal action at the competent district court[2].
FAQ
- Does the landlord have to present an energy certificate?
- In many cases yes, especially for new rentals, sales or major renovations; there are exceptions under the law.
- Can the landlord increase the rent because the energy certificate is missing?
- No, the absence of the certificate alone normally does not justify a rent increase.
- What should I do first if information is refused?
- Request the information in writing, document everything and seek legal advice.
How-To
- Send a written request to the landlord with a clear deadline.
- Gather evidence and communications (photos, emails, records).
- Obtain advice from a tenants' association or a lawyer.
- If necessary, file a claim or application at the district court; official forms are available online[3].
