Evidence & Witnesses: Tenant Rights in Austria

As a tenant in Austria, it is important to know how to use evidence and witnesses when repairs are pending or maintenance obligations under MRG §3 are disputed. This practical guide explains in plain language which documents help, how to document damages and missed repairs, and which deadlines to observe. It is aimed at tenants without a legal background and shows simple steps: what to photograph, which witnesses to note, how and when to inform the landlord in writing, and when a court may be involved. At the end you will find a short how-to, frequently asked questions, and official contact points in Austria.

Secure evidence in maintenance and repair disputes

Good documentation is often decisive if you assert repair claims. Systematically collect photos, videos and written messages to the landlord. Note the date and time of each report and keep receipts for replacement purchases or emergency service costs. If possible, have damages assessed by independent professionals and request cost estimates.

Checklist for evidence

• Photos and videos of the damage with date and time.
• Written correspondence by email or registered mail with the landlord.
• Cost estimates, invoices and receipts.
• Notes on appointments, inspections and phone agreements.

Using witnesses effectively

Witnesses can confirm when a defect first occurred or how long an impairment lasted. Ask neighbors, tradespeople or roommates for short written statements or emails that include the date and their observations. If necessary, witnesses should be willing to testify in court. Document contact details and the witness's relationship to the apartment.

Deadlines and procedural steps

Tenants must observe deadlines: report defects promptly and set a reasonable deadline for the landlord to remedy them. If there is no improvement, rent reductions, remedial actions or legal steps may follow. Read the maintenance obligations under MRG §3 and consider legal advice if appropriate^[1]. For lawsuits, the district court is the first competent instance^[2].

What to do before filing a court case

Before filing a lawsuit, prepare a structured file with all documents, witness details and a timeline. First attempt a written request for defect remediation and set a specific deadline. Keep communication factual and dated. If the landlord does not respond, you can bring the matter to the district court or seek advice from tenant organizations.

FAQ

Which documents are most important in a repair case?

Photos, videos, emails or registered mail to the landlord, invoices and cost estimates as well as written witness statements are most important.

Can I hire tradespeople without the landlord's consent?

In urgent cases you may carry out remedial measures; document costs and inform the landlord beforehand or immediately afterwards in writing.

How do I use witnesses effectively in court?

Collect short written statements with date, signature and contact details; inform witnesses they may need to testify.

Anleitung

1. Create and secure photo and video evidence immediately.
2. Inform the landlord in writing and set a deadline for remediation.
3. Collect written witness statements and record contact details.
4. Obtain cost estimates and keep invoices.
5. If necessary: file documents with the district court or seek legal advice.

Key Points

• Respond within set deadlines to secure claims.
• Complete documentation increases chances of success in court.

Help and Support

• RIS: Legislation and tenant law
• Justiz.gv.at: Court information
• JustizOnline: Electronic forms and submissions

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at - Court information