Illness & Pregnancy: Tenant Rights in Austria
Tenants in Austria face specific questions when dealing with illness or pregnancy: Which repairs must the landlord carry out, how does a longer absence affect the lease and what protections exist against immediate eviction or discrimination? This article explains in clear English what rights tenants have, how obligations under the Mietrechtsgesetz (MRG) are applied, which pieces of evidence are important and which deadlines to observe. You will receive practical steps for reporting defects, protecting your privacy when the landlord needs access and pointers on finding support from authorities or courts. Documentation such as photos and written reports increases your chances in disputes. If you have questions, you will also find links to official agencies and forms below.
Rights & Duties for Illness and Pregnancy
The basis for many questions about maintenance and repair duties is the Mietrechtsgesetz (MRG).[1] The landlord must remedy defects that impair the usability of the apartment, such as heating failure, water damage or mold. In many cases, replacement of necessary facilities or professional remediation is the landlord's responsibility.
Repairs and Maintenance Duties
What measures are common and what steps should tenants take?
- Report defects in writing immediately and set deadlines.
- Announce urgent damages (e.g. burst pipe) also by phone and document them.
- Obtain medical confirmation if health is at risk (e.g. severe mold).
- If the landlord does not respond, set a deadline and consider rent reduction or remedial repair rights.
Access, Privacy and Absence
The landlord must not enter the apartment at any time without notice and consent. For necessary repairs he must give timely notice; in emergencies, prompt action is possible. If you are absent for a long time due to illness or hospitalization, inform the landlord in writing and arrange key handover or representation if needed.
Frequently Asked Questions
- What should I do if the heating fails in winter?
- Contact the landlord in writing immediately and demand repair within a reasonable deadline; document the temperature and faults.
- Can I reduce the rent if mold endangers my health?
- Rent reduction may be possible if the landlord does not remediate in time; medical findings and documented reports are important.
- Am I protected from eviction during pregnancy?
- Pregnant tenants generally have protection against eviction under civil law principles; in disputes seek legal advice and possibly involve the district court.[2]
How-To
- Report defects in writing: describe the problem, date, possible consequences and request a deadline for remedy.
- Collect evidence: secure photos, messages, medical reports and invoices.
- Observe deadlines: wait for the deadline and consider rent reduction or commissioning repairs for reimbursement if there is no response.
- Legal action: if necessary, file a claim at the competent district court or seek advice from official bodies.[3]
Help and Support
- [1] RIS - Legal Information System of the Republic
- [2] Justice - Information on Courts and Procedures
- [3] JustizOnline - Electronic Forms and Submissions
