Landlord Maintenance Deadlines for Tenants Austria

As a tenant in Austria, it is important to know which obligations landlords have to maintain the apartment and within which deadlines they must respond. The Tenancy Act (MRG) governs basic duties such as remedying defects, ensuring heating, water and sanitary facilities, and responsibility for major maintenance. This text explains typical deadlines, how to report defects correctly, which evidence is helpful, and what steps are possible if there is no response. The goal is that tenants without legal background in Austria remain able to act and assert their rights effectively.

What does maintenance duty mean?

Maintenance duty means that the landlord must keep the apartment in a condition suitable for contractual use. This includes eliminating health and safety defects and ongoing maintenance of essential facilities. Many details on the legal basis can be found in MRG §3^[1].

Important deadlines under MRG §3

• Emergency situations (deadline): For loss of heating or water the landlord must react immediately.
• Urgent repairs (deadline): Damages that endanger health or safety must be remedied within an appropriate time.
• Routine maintenance (deadline): For non-urgent work longer deadlines often apply, which may be contractually or locally determined.
• Evidence collection: Document defects with photos, dates and witnesses so that deadlines and claims can be proven.

How tenants report defects (step-by-step)

1. Send a written defect notice (notice): Describe the defect, date and desired deadline for remedy.
2. Set a reasonable deadline (deadline): Specify a concrete deadline for remedy or for information about repair appointments.
3. Collect evidence: Keep photos, witnesses, appointment logs and the correspondence.
4. If there is no reaction: Consider legal action (court) — seek advice from tenant associations or file an application at the district court.

Legal, court and practical options

If deadlines pass and the landlord does not act, tenants can, depending on the severity of the defect, claim a rent reduction, carry out repairs themselves with reimbursement, or initiate court proceedings. Before going to court, a written demand with an appropriate grace period and documentation of all costs and damages is recommended. In case of acute health hazards, contact the competent authorities immediately.

FAQ

What deadline applies for heating failure in winter?

For heating failure the landlord must generally react immediately or within a very short time; report the defect in writing without delay.^[1]

Can I have repairs done myself and deduct costs?

In urgent cases it may be possible to have repairs carried out independently, but prior written notice is recommended; keep all receipts for reimbursement.

Where do I turn in case of dispute?

For ongoing problems tenants can use tenant association advice or file a claim at the district court; JustizOnline offers forms for court proceedings.^[2]

How-To

1. Draft a written defect notice: include date, description, desired deadline and attach photos.
2. Set a deadline: specify a concrete, reasonable deadline for remedy.
3. If the landlord does not react, document evidence and costs, and name witnesses.
4. Final step: consider legal action and, if necessary, submit forms via JustizOnline.

Key Takeaways

• Always set a written deadline before taking further steps.
• Collect photos and receipts systematically.
• If there is no response, seek legal support and consider filing a claim.

Help and Support / Resources

• [1] RIS: Legal Information System of the Republic of Austria
• [2] Federal Ministry of Justice
• [3] JustizOnline: Forms and e‑Services

1. [1] RIS: Legal Information System of the Republic of Austria
2. [2] JustizOnline: Forms and e‑Services