Heating & Hot Water: Tenant Guide in Austria
As a tenant in Austria, it is important to know your rights and obligations regarding energy supply, heating and hot water. Many disputes arise from cost allocation, malfunctioning heating systems or unclear agreements on operating and heating cost statements. This text explains in clear terms who is typically responsible for installation, maintenance and repairs, which deadlines apply, and how you can proceed step by step if problems occur. We refer to relevant rules and authorities, give practical action steps and show which documents you should collect to enforce claims or prepare conversations with the landlord. The guidance applies specifically to tenants in Austria. At the end you will find practical links and footnotes.
What tenants in Austria should know
Fundamentally, the Mietrechtsgesetz (MRG) regulates many questions about the distribution of operating costs and responsibility for heating and hot water.[1] In some tenancy agreements, further arrangements are made; however, these may not conflict with mandatory provisions of the MRG or the ABGB. If your heating fails or there is no hot water, act immediately: inform, document and if necessary set deadlines.
Common topics and who pays
- Who pays heating costs is often stated in the operating cost clause of the rental agreement.
- Minor repairs up to agreed amounts are often borne by the tenant; major repairs are usually the landlord's responsibility.
- Changes to the heating system usually require written agreements and often the landlord's consent.
- Set a reasonable deadline for the landlord to remedy defects, otherwise further steps may follow.
Practical steps for problems
If heating or hot water does not work: inform the landlord in writing (email or registered mail), document defects with photos and note calls or appointments.
- Keep all invoices, statements and correspondence.
- Request a confirmation from the landlord of receipt of your report.
- For acute safety issues, call tradespeople or emergency services and inform the landlord afterwards.
When to involve courts or authorities
If the landlord does not fulfill the duty to remedy defects, tenants can set a deadline and reduce rent or have the defect remedied themselves and reclaim costs. For court action, the district court is competent; procedures and deadlines are governed by the ZPO and civil law.[2]
Frequently Asked Questions
- Who pays for heating maintenance?
- The responsibility depends on the rental agreement and the type of system; minor maintenance may be borne by the tenant, major repairs are usually the landlord's responsibility.
- Can I reduce the rent if the heating fails?
- Yes, under certain conditions a rent reduction is possible if the landlord does not remedy the defect within a reasonable deadline.
- What deadlines apply if the heating fails in winter?
- Report immediately and set a short deadline for remediation; if there is no response, further steps such as third-party remediation or court action are possible.
How-To
- Document the problem: take photos, record date and time and any relevant measurements.
- Inform the landlord in writing and set a reasonable deadline for remediation.
- If there is no response, obtain cost estimates and, if necessary, have work carried out.
- Collect invoices and file a written cost reclaim.
- Consider court action at the district court or seek legal advice in case of dispute.
Help and Support / Resources
- Rechts Information System (RIS)
- Justice Austria: courts and responsibilities
- JustizOnline: forms and e-services
