Maintenance Duty: Who Pays? Tenant & Landlord Austria
As a tenant in Austria you often wonder who is responsible for maintenance and repair costs. The Tenancy Act (MRG §3) regulates which maintenance obligations the landlord must carry and where tenants may be expected to handle smaller tasks. This guide explains in clear language which maintenance duties exist, how to document damage, what deadlines apply and which steps you can take if costs are disputed. I provide practical advice on how to check claims, when a rent reduction is possible and how to communicate formally with the landlord. This helps you, as a tenant, to keep track of your rights and know when costs should be covered by the landlord. If in doubt, district courts and advisory services can help.
What does maintenance duty mean?
Maintenance duty means that the substance and usability of the rented property must be preserved; this includes the roof, facade, load-bearing walls and the heating system. Under MRG §3 the landlord is often responsible for these fundamental works[1], while very small repairs can be regulated differently.
Who normally pays?
- Landlord: major repairs and structural maintenance (roof, facade, heating) — maintenance.
- Tenant: small touch-ups and cosmetic repairs if contractually agreed; repair.
- Contractual provisions: check the lease for clauses on cosmetic repairs and notice.
- Insurance and cost sharing: sometimes the building insurance covers parts of the costs.
What to do in case of dispute?
If you are unsure, document the defect immediately with photos and receipts and inform the landlord in writing. Request a deadline for remediation and state a reasonable time limit. For formal steps or court filings many tenants use JustizOnline forms to initiate proceedings or submit claims[2].
Practical tips
- Document damage: take photos, note dates and keep invoices.
- Notify in writing: send a description of the defect and set a deadline.
- Monitor deadlines: keep track of response times and consider reminders.
- Seek legal action: contact advisory services or consider court proceedings.
Frequently Asked Questions
- Who must pay for major repairs?
- Major repairs to the building structure are generally the landlord's responsibility; details depend on the MRG and the lease agreement.
- Can I reduce the rent if repairs are not done?
- If usability is impaired, a rent reduction may be possible; carefully document the defect and the deadline you set.
- What is a small repair clause?
- A contractual agreement where the tenant pays small repairs up to a certain amount; such clauses must be checked for validity.
How-To
- Document damage: take photos, note dates and collect receipts.
- Inform the landlord in writing: describe the defect and set a deadline for fixing it.
- Monitor the deadline: wait for a response and send reminders if necessary.
- Seek legal help: contact advisory services or consider court action.
