Landlord Maintenance Duty for Tenants in Austria
As a tenant in Austria, questions about the landlord's maintenance duty can quickly become important when heating, water or other defects occur. This article explains clearly which obligations landlords have under tenancy law (MRG), which rights tenants can assert and how deadlines, reporting of defects and documentation work. You will receive practical steps for repair requests, setting deadlines and what to do if there is no response. The text is aimed at tenants without a legal background and shows when a district court may be involved as well as which official bodies and forms are helpful. I also explain how rent reduction and written deadline notices should be handled and which evidence is important so you can enforce your rights against the landlord.
What does maintenance duty mean?
The landlord's maintenance duty obliges the landlord to keep the rented apartment in a condition suitable for contractual use. This includes functioning heating, drinking water, drains and safe electrical installations. The legal basis can be found in the Mietrechtsgesetz (MRG).[1]
Tenants are entitled to basic habitability.
When must the landlord repair?
In principle, the landlord must remedy defects that limit usability. Distinguish between urgent defects (e.g. heating failure in winter) and minor cosmetic issues.
- Heating failure or lack of hot water must be remedied immediately.
- Water damage and leaking pipes should be repaired quickly to avoid consequential damage.
- Electrical hazards or faulty fuses must be checked and repaired immediately.
- Minor defects can be addressed later depending on the contract and severity.
Respond in writing and document defects to prove deadlines and claims later.
How to report defects correctly?
Reports should always be made in writing (email or registered mail) with exact details of the defect, date and desired deadline for remedy. Keep photos and receipts as evidence.
Detailed documentation increases your chances of successfully enforcing claims.
If the landlord does not respond
Set a reasonable additional deadline in writing and state the possible legal consequences, e.g. rent reduction or commissioning a repair at the landlord's expense. If there is no response, contact the competent authorities or prepare a lawsuit at the district court.[2]
FAQ
- Who pays for repairs?
- In principle the landlord, if the defect was not caused by the tenant. Minor cosmetic repairs may be regulated differently by the lease.
- Can tenants reduce the rent?
- Yes, rent reduction may be justified for significant defects. The amount depends on the extent of the impairment.
- How long must I give the landlord to repair?
- The deadline depends on the defect: urgent problems require immediate action; for less urgent defects a reasonable deadline of several days to weeks is typical.
How-To
- Write a precise defect notice with date and description.
- Set a clear additional deadline for remedy (e.g. 7–14 days depending on urgency).
- Collect evidence: photos, message exchanges and witness statements.
- If there is no response, prepare a claim at the district court or contact advisory services.[2]
Key Takeaways
- The landlord is responsible for maintaining usability.
- Documentation and setting deadlines are crucial for enforcement.
- If problems persist, the district court can be involved.
Help and Support / Resources
- [1] Tenancy Law (MRG) - RIS
- [2] Court procedures and information - Justiz
- [3] Forms and electronic filing - JustizOnline
