Evidence & Witnesses for Tenants in Austria
What counts as evidence?
As tenants you can rely on different types of evidence: photos, documents, invoices and witnesses. Collect date, location and a description of each defect. Record conversations and appointments in writing to have clear proof. Legal foundations are found in the Tenancy Act (MRG).[1]
- Photos of defects with date and short description
- Written correspondence by email or registered letter
- Invoices, cost estimates and receipts for repairs
- Handover protocols and move-in checklists
Using witnesses correctly
Witnesses can confirm when a defect occurred or how severe it was. Ask neighbours, craftsmen or flatmates for a short written statement with the date. Talk to witnesses in advance about which facts they can confirm and avoid value judgments. A written statement from witnesses is often more helpful than a verbal recollection.
Deadlines and procedures
Set the landlord a reasonable deadline to fix the defect and document the deadline. If the landlord does not respond, you can consider further steps such as self-remedy with cost recovery or asserting defect rights in court. The district court is responsible for court proceedings; inform yourself early about procedural rules and deadlines.[2]
FAQ
- When should I take photos?
- As soon as possible: document defects immediately with date and context, ideally from different angles.
- How do I use witnesses correctly?
- Ask witnesses for short written confirmations with the date and concrete observations.
- What can I do if the landlord does not repair?
- Set a written deadline, document everything and consider options such as self-remedy, rent reduction or filing a lawsuit at the district court.
How-To
- Collect photos, date, time and a short description of the defect immediately.
- Send a formal defect notice to the landlord and set a reasonable deadline.
- If necessary, commission a repair and keep receipts as evidence.
- If the landlord does not react, prepare documents for a district court claim or use electronic forms.[3]
