How to File a Defect Notice for Tenants in Austria
As a tenant in Austria, you need clear steps when your apartment has defects. A defect notice informs the landlord about damage, sets deadlines for remediation and secures your rights such as rent reduction or compensation. This guide explains how to document defects, which deadlines matter and how to proceed in writing properly. We show practical examples of useful documents and when to seek help from courts or advisory services. The goal is that you can assert your rights calmly and successfully without unnecessary risks.
When is a defect notice necessary?
A defect notice is appropriate as soon as damage impairs the usability of the apartment: heating failure, water damage, mold or faulty sanitary installations. Report defects in writing immediately so deadlines and remediation claims become clear.[1]
How do I correctly notify defects?
Form and content should be clear: describe the defect precisely, state since when it has existed, demand a reasonable deadline for remedy and announce which steps you will take if no repair occurs (e.g. rent reduction, compensation, involving the court). Keep copies.
- Take photos and videos with date stamps as evidence.
- Send written defect notice by email and registered letter.
- Set a clear deadline (e.g. 14 days) and state it in the letter.
- Document which repairs are necessary and which solutions you expect.
Which deadlines and rights apply?
For significant defects, after the set deadline you can take measures: claim rent reduction, arrange repairs by a third party (with cost recovery) or go to court. Depending on the case, the Mietrechtsgesetz (MRG) applies; legal proceedings run through the district court.[1][2]
What should I document?
- Photos, videos, correspondence with date and time.
- Invoices or cost estimates for repairs.
- Witnesses or contact details of craftsmen and neighbors.
When should I seek legal help?
Seek assistance if the landlord does not respond or defects are severe. Tenant associations, lawyers or the courts themselves can provide advice. For planned court actions, documents and evidence are decisive.[2]
FAQ
- What must a written defect notice contain?
- Description of the defect, when it started, request for remedy within a deadline and note on possible legal consequences.
- Can I reduce the rent?
- Yes, for significant impairment a rent reduction is possible; amount and start depend on the extent of the defect.
- Who decides in disputes?
- If no agreement is reached, the district court decides; MRG and court procedures are decisive in legal matters.[2]
How-To
- Step 1: Immediately document the defect photographically and note the date.
- Step 2: Send a written defect notice to the landlord and set a reasonable deadline.
- Step 3: If the landlord does not respond, hire a craftsman or prepare a rent reduction claim.
- Step 4: If the dispute continues, involve the district court and present your documents.
Help and Support
- [1] RIS — Legal Information System of the Republic of Austria
- [2] Justice — Information on courts and procedures
- [3] JustizOnline — Forms and e-services
