Landlord Maintenance Duty for Tenants in Austria
As a tenant in Austria, you may often wonder which obligations the landlord has to maintain the apartment and when you as a tenant can act. The tenancy law (MRG)[1] stipulates that landlords must carry out essential maintenance so that the apartment remains habitable. In this text we explain in practical terms which repairs typically fall under the maintenance duty, how to properly document and report defects, which deadlines must be observed and which steps are possible if the landlord does not act. The aim is to explain tenant rights in plain language and to show concrete steps for quick solutions and, if necessary, legal action. We also describe how to set deadlines, when tenants may consider self-remedy and the role of district courts and OGH decisions. Keep all receipts and consider legal advice from counseling centers if needed.
What falls under the maintenance duty?
The maintenance duty includes work necessary to keep the apartment safe and usable. This often includes:
- Heating (heating): heating failures, radiator repairs and central heating defects.
- Water & sanitation (plumbing): burst pipes, leaking lines and functioning sanitary facilities.
- Electrical (electrical): dangerous installation errors or outages that impair use.
- Roof, facade and load-bearing parts (structure): sealing, structural damage and major construction defects.
- Mold & damp (habitability): addressing causes, not only superficial cleaning.
How to report defects correctly?
It is important to make a clear, traceable report: document the defect, set deadlines and request written confirmation. Well-documented defects increase your chances that the landlord reacts or that a court recognizes your position.
- Document defects (photo, video, evidence): take date-stamped photos and brief descriptions.
- Written notice & set deadline (notice): send a formal defect notice by email or registered mail and set a reasonable deadline.
- Observe deadlines (calendar): note response deadlines and act promptly if there is no reply.
- Make contact (call): if possible, arrange a phone appointment or an inspection with the landlord.
What to do if the landlord does not act?
If the landlord remains inactive despite the deadline, there are several options: self-remedy with reservation of costs, rent reduction, involving the district court[2] or applying for judicial measures. Before acting yourself, check rights, cost risks and inform the landlord in writing.
- Self-remedy only after careful consideration: keep receipts and inform the landlord beforehand if possible.
- Consider rent reduction: a reduction may be justified for significant impairments.
- Legal action (court): lawsuits or applications are filed at the competent district court; inform yourself about forms and procedures[3].
FAQ
- Who pays for small repairs?
- Minor routine cosmetic repairs can be contractually assigned to the tenant; major maintenance work is generally the landlord's responsibility.
- Can I reduce the rent if repairs are not carried out?
- For significant defects, a rent reduction is possible if the defect substantially impairs usability.
- How long do I have before going to court?
- First set a reasonable deadline; if the deadline is missed, further legal steps may follow; deadlines depend on the case.
How-To
- Document the defect completely with date, photos and descriptions.
- Send a written defect notice and set a deadline for remedy.
- Wait for the set deadline and log all responses.
- Consider self-remedy or rent reduction with reservation of costs.
- Seek legal help or file a claim at the district court if necessary.
Key Takeaways
- Keep all documentation and communication concerning defects.
- Observe deadlines and respond promptly to notices.
- Clear communication often resolves issues without court involvement.
Help and Support / Resources
- MRG (legal text) - RIS
- JustizOnline Forms (judicial termination)
- District court information - justiz.gv.at
