Heating Failure: Tenant Rights in Austria
If the heating in your rented property fails, tenants in Austria face practical and legal questions: what are the landlord's duties, which deadlines apply, and when is a rent reduction possible? This text explains in plain language how you as a tenant can assert your rights, document damage and correctly write formal complaints. It also shows when going to the district court makes sense and which official bodies and forms can help. Use the guidance to meet deadlines, collect evidence and prepare possible rent deductions or claims for compensation.
What to do in case of heating failure?
In acute failures, quick action and clear communication are important. Proceed step by step to document your situation and obligate the landlord to repair.
- Contact the landlord immediately by phone and announce a written report.
- Report the defect in writing with a short description, date and deadline for remedy.
- Secure evidence: photos of thermometers, room temperatures and timestamps.
- Set a reasonable repair deadline and note all appointments.
When is a rent reduction possible?
If there is a significant impairment of usability, a rent reduction may be considered. The amount depends on the scope of the heating failure and the loss of use. Only deduct rent after checking the legal situation or sending a written notice to the landlord. Avoid arbitrary deductions without documentation, as this can lead to disputes or termination of the lease.[1]
Deadlines, responsibilities and court steps
In many cases a written reminder with a deadline is sufficient; if the landlord remains inactive, you can involve the district courts or have authorities carry out substitute performance. The legal bases are found in the Tenancy Act and civil law provisions; in case of legal uncertainty, a remedy before the district court may be appropriate.[2]
FAQ
- Can I immediately reduce the rent if it is cold?
- An immediate reduction without notice is risky; document the defect, set a deadline and inform the landlord in writing before making a rent reduction.
- Who pays for the repair?
- In principle, the landlord is obliged to carry out repairs; if provisional measures incur costs, compensation may be claimed if the landlord does not respond.[1]
- Where can I turn if the landlord does not respond?
- Seek advice from tenant associations or file a lawsuit or application at the district court; official procedure forms are available online.[3]
How-To
- Document immediately the condition, temperature and failure with photos and date.
- Write a formal defect notice to the landlord with a proposed deadline for remedy.
- If there is no response, inform an advice center and consider court proceedings at the district court.
- Secure receipts of all costs and contacts to support possible compensation claims.
Key Takeaways
- Keep copies of all messages and receipts.
- Respond promptly to landlord or court communications.
Help and Support
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justice - Information on courts and procedures
- [3] JustizOnline - Forms and submissions
