Landlord Repair Duty: Tenant Rights in Austria
If a heating system fails, mold appears or other defects reduce living quality, the immediate question is: who must repair them? As a tenant in Austria you have rights against the landlord regarding upkeep of the rented property. The Mietrechtsgesetz (MRG) regulates important landlord duties, especially repair obligations under §3[1]. This article explains step by step how to report defects, set deadlines, secure evidence and when legal action may be appropriate. The guide is written for tenants without legal training and lists concrete measures, deadlines and authorities that can offer support. We describe how to document defects, take photos and create logs, and which statutory deadlines are common. We also explain when a rent reduction may be possible and how to involve district courts or tenant advice services.
What does the repair duty cover?
The repair duty means the landlord must ensure the rented property is suitable for the agreed use. Minor repairs can be contractually assigned, while larger maintenance and essential defect repairs usually fall under the landlord's responsibility. Relevant provisions are found in the MRG and supplementary case law.
In most cases the landlord is responsible for essential maintenance.
What can tenants do?
- Report the defect by phone and confirm it in writing (email or letter).
- Set a reasonable deadline for repair and state it clearly.
- Document photos, date and time and note names of witnesses.
- For health or safety risks, arrange an emergency repair immediately and keep receipts.
- If the landlord does not respond, consider legal steps or contact tenant advisory services.
Keep all messages and invoices well organized.
Rights, deadlines and rent reduction
For substantial defects a rent reduction may be possible; the amount depends on the severity of the defect. Deadlines are crucial: set a clear deadline and document delivery. In some cases tenants may carry out necessary work themselves and seek reimbursement if the landlord fails to act.
- Rent reduction may apply when use is significantly impaired.
- Set written deadlines and prove delivery.
- Securing evidence increases chances of success in disputes.
FAQ
- Who is liable for repairs?
- The landlord is generally obliged to maintain the rented property, see MRG §3[1].
- Can I reduce my rent?
- Yes, for significant and lasting defects a rent reduction can apply; specifics depend on the individual case.
- What should I do in an emergency (e.g. burst pipe)?
- Inform the landlord immediately, secure hazards, arrange emergency repairs if needed and keep receipts.
How-To
- Send a written defect notice to the landlord and request confirmation.
- Set a reasonable deadline for repair (e.g. 14 days depending on urgency).
- Take photos, keep a log and collect all receipts.
- If there is no response, consider arranging repairs and documenting costs for reimbursement.
- If necessary, file a claim at the district court or use JustizOnline forms[2].
Key Takeaways
- Document defects immediately and thoroughly.
- Set clear written deadlines and prove delivery.
- Court assistance may be necessary if the landlord blocks solutions.
Help and Support / Resources
- RIS - Legal Information System of the Republic of Austria
- Austrian Judiciary - Court information
- JustizOnline - Forms and e‑Services
