Entry for Renovation: Who Pays? Tenant Rights Austria
Many tenants in Austria face the question of who must pay when a landlord requests access to the apartment for renovations or tradespeople. This guide explains in plain language when landlords are entitled to enter, what obligations and rights tenants have, and how costs and possible compensation are allocated. I describe typical procedures, required deadlines, documentation and how you can protect yourself — from minor repairs to major modernizations or standard increases. Read also which pieces of evidence are important, how to document appointments and which court forms may be relevant. It also contains advice on how to respond appropriately to scheduling requests and when to seek legal help in good time.
What applies legally?
The legal basis for access and renovation is governed by the Mietrechtsgesetz (MRG) and complementary rules; relevant provisions regulate landlord and tenant duties as well as the allocation of costs.[1]
When can a landlord request access?
Landlords may generally request access if there is a legitimate reason and they announce it in advance. Urgent cases, such as water damage, often allow immediate action.
- Access for planned renovation work after timely notification and stating the purpose.
- Intervention in case of danger to the apartment or neighbors, e.g. burst pipes.
- Readings, inspections or agreed viewing appointments with the landlord or tradespeople.
Landlords generally must announce and justify appointments.
Costs: Who pays?
Whether the landlord or the tenant pays depends on the reason for the measure. Maintenance and necessary renovation work is usually borne by the landlord; costs for damage caused by the tenant can be charged to the tenant.
- Landlord bears costs for necessary renovation and preservation of the rented property.
- Tenants only pay for damages they themselves caused or for agreed repairs defined in the contract.
- For measures that increase the living standard (standard increase), special rules or compensation may apply.
Documentation increases your chances of correctly assigning the cost share in a dispute.
FAQ
- Can the landlord enter the apartment without notice?
- No, generally the landlord needs to announce the visit and have a factual reason; exceptions apply in cases of imminent danger.
- Do I have to pay for tradespeople work in the building?
- Only if the work concerns breaches you caused or you are contractually responsible for it.
- How do I submit documents or forms to the court?
- Forms and court procedures usually run via JustizOnline; check there for the necessary steps.[2]
How-To
- Document defects with photos, date and short notes.
- Notify the landlord in writing and request an appointment or cost explanation.
- Observe deadlines for appointments and responses; react promptly to letters.
- If no agreement is reached, consider legal action or mediation at the district court.
Keep all correspondence and invoices carefully.
Key Takeaways
- Documentation is often decisive for cost allocation.
- Communicating in writing reduces misunderstandings.
- Observe statutory deadlines and appointments.
