Landlord Maintenance Duty in Austria: Tenant Guide
Many tenants in Austria are unsure about the landlord's obligations to maintain the apartment. This text briefly and clearly explains what the maintenance duty under MRG §3 means, which common mistakes occur and how you as a tenant can secure evidence, properly formulate defect notices and observe deadlines[1]. I also describe practical steps to demand repairs, handle rent reduction and when judicial termination may be appropriate. If problems cannot be resolved, you will learn how a complaint at the district court proceeds and which documents are useful to protect your rights[2]. The guidance is aimed at non-legal readers and provides clear action steps for acute defects.
What is the maintenance duty?
The maintenance duty obliges the landlord to keep the apartment in the condition agreed in the contract. This includes structural defects, heating, water and sanitary facilities according to the MRG provisions. Minor repairs can be contractually regulated differently, but fundamental functional failures must be fixed by the landlord.
Common mistakes
- Landlord ignores defect report (repair)
- Report without date and photos (evidence)
- Incorrect calculation of rent reduction (rent)
- Deadlines not set or documented (deadline)
- Unclear access rules for repairs (entry)
How mistakes happen
Mistakes often occur because defects are reported verbally or because appointments and replies are not documented. A structured approach and photos increase the chance of a quick solution.
How-To
- Collect evidence: photos, videos, dates and witnesses (evidence)
- Send a written defect notice by registered mail or email with delivery confirmation (notice)
- Set a deadline: name a reasonable deadline with a date (deadline)
- Demand urgent repair for critical issues (repair)
- If there is no response: consider court action at the district court (court)
FAQ
- What does MRG §3 cover?
- The maintenance duty includes remedying defects that impair the contractual use of the apartment, such as heating failure or water damage.
- Can I reduce the rent?
- Yes, rent reduction is possible for significant defects, but only for documented cases and with proper calculation.
- Where to go in case of dispute?
- If the landlord does not respond, the district court is the next step; judicial clarification or termination can be sought there.
Help and Support
- [1] RIS: Legal Information System of the Federation
- [2] Justice: Information on Courts and Procedures
- [3] JustizOnline: Electronic Forms and Filings
