Landlord Repair Duty Austria: Tenant Rights
Many tenants in Austria face practical questions when something in the apartment breaks, the heating fails, or repairs are delayed. This text explains in plain language the landlord's duty to maintain the property under the MRG, what rights tenants have regarding defects and rent reductions, and which steps are possible if the landlord does not respond. The guide is aimed at tenants without legal knowledge and describes how to document defects, set deadlines and, if necessary, prepare court actions. We also name official agencies and forms relevant in Austria.
Was ist die Erhaltungspflicht?
The maintenance duty means the landlord must ensure the apartment remains habitable and carry out necessary repairs; this is regulated in part by the Mietrechtsgesetz (MRG).[1]
Rechte der Mieter
- Repairs: The landlord must fix defects that limit usability.
- Written notice: Ask the landlord in writing to remedy the defect and set a reasonable deadline.
- Rent reduction: For significant defects, rent can be reduced until the defect is fixed.
- Court action: If the landlord remains inactive, tenants can sue at the district court.
Beweisführung und Fristen
Document defects with photos, dates and witnesses; save messages and invoices. Give the landlord a clear deadline for remedying the defect and state which consequences will follow if not remedied (e.g., rent reduction or court involvement). Official e‑forms are available for formal steps and judicial terminations.[2]
FAQ
- Was umfasst die Erhaltungspflicht konkret?
- The maintenance duty includes repairs necessary to preserve living quality, such as heating, water and safe electrical systems.
- Wann darf ich die Miete mindern?
- Rent reduction is possible for substantial usability impairments, but tenants should first set a written deadline to remedy the defect.
- An wen wende ich mich bei Streit?
- If no amicable solution is found, the district court may be responsible; proofs and forms are often required.
Anleitung
- Collect evidence: Document photos, dates, witnesses and invoices.
- Notify the landlord in writing: Describe the defect and set a deadline.
- Wait the deadline: Check whether the landlord responds within the set period.
- If needed, sue: If no solution, prepare a complaint at the district court.
