Leaks & Mold: Tenant Rights in Austria
Many tenants in Austria face the problem that leaks and mold damage the apartment and endanger health. This guide explains in clear language what obligations landlords have under tenancy law, which immediate steps you as a tenant should take, and how to report repairs and rent reductions correctly. I show which deadlines and proofs are important, how to proceed in writing and when a court can be involved. The advice is tailored for Austria and helps avoid unnecessary conflicts and enforce your rights securely. You will learn which evidence (photos, letters, deadlines) is useful, how to document defects and what support is available from authorities.
Who is responsible: Landlord obligations
In general, the landlord must remedy defects that impair the usability of the apartment. Tenancy law regulates duties and deadlines, for example in case of water damage or mold[1]. Report defects in writing and request a deadline for remediation before considering steps such as rent reduction or commissioning repairs yourself.
First steps for a leak
- Report the leak to the landlord immediately in writing (notice) and demand a deadline for repair.
- Secure evidence: photos, videos and dates document the extent of the damage (evidence).
- Check whether short-term self-help is possible and reasonable, and keep receipts for possible reimbursement (payment).
Detecting mold: safety and health
If mold is visible, you should avoid the affected room and inform the landlord. Mold can have both construction-related causes and incorrect ventilation behavior. Request a professional inspection and removal; in many cases the landlord is responsible for remedying the causes.
When can you reduce rent or commission repairs?
A rent reduction may be possible if usability is significantly restricted. Before commissioning repairs yourself, set a reasonable deadline in writing for the landlord. If he does not comply, you may in certain cases arrange a professional immediate measure and claim the costs. Keep all receipts carefully.
Legal remedies and deadlines
If the landlord does not respond, the next step is often a written reminder with a deadline. Important legal steps and forms are available through the justice system; for formal terminations or court notices use the relevant services and forms of the justice authorities[2]. If necessary, a lawsuit can be filed at the competent district court.
Key Takeaways
- Document defects immediately with photos, dates and witnesses.
- Notify the landlord in writing and request a deadline.
- Commission repairs yourself only in exceptional cases and keep receipts.
FAQ
- Who pays for mold removal?
- Generally, the landlord is obliged to remedy structural defects. If mold is caused by construction defects or water damage, the landlord usually bears responsibility; document cause and damage carefully.[1]
- Can I reduce the rent?
- Yes, a rent reduction may be justified if the quality of living is significantly impaired. Inform the landlord in writing and set a deadline for remedy.
- What if the landlord does not respond?
- Send a written reminder with a deadline. If there is no response, consider legal action and the possibility of filing a suit; relevant forms are available from the justice authorities.[2]
How-To
- Secure the leak and turn off water if possible (within 24 hours).
- Photograph the damage and document it in writing (evidence).
- Notify the landlord in writing and set a reasonable repair deadline (notice).
- If there is no response, hire a professional and keep cost receipts to claim reimbursement (repair).
- In disputes: consider filing a lawsuit at the district court (court).
Help and Support
- [1] RIS - Legal Information System of the Republic
- [2] Justice - Information and Services
- [3] JustizOnline - Court Applications and Forms
