Mediation and Tenant Rights in Austria
What does the mediation board do?
The mediation board mediates between tenant and landlord, reviews claims and can lead to an agreement without the need for an expensive court proceeding. The board often works based on the Tenancy Act (MRG) and mediates on issues such as rent increases, cosmetic repairs and terminations.[1]
When should tenants use the mediation board?
Typical cases where tenants should consider mediation include:
- Rent increase or dispute over the amount of rent.
- Missing or delayed repairs, problems with heating or water.
- Threatened termination or eviction.
- Return of the deposit or settlement of ancillary costs.
- Unannounced entry or privacy disputes.
How do I file a complaint?
Before filing, gather all relevant evidence: photos, correspondence, payment receipts and a copy of the tenancy agreement. Summarize the facts clearly, state the remedies you seek and attach a copy of the lease. Submit documents in writing to the competent mediation board or electronically via JustizOnline.[2]
FAQ
- What happens if mediation fails?
- If no agreement is reached, either party may file a lawsuit at the district court; mediation does not replace the court, but it often clarifies many points in advance.
- Do I have to pay fees?
- Many mediation procedures are low-cost or free, but court proceedings may incur costs.
- How long does a mediation procedure take?
- The duration varies; simple cases can be resolved within weeks, more complex cases in months. Observe statutory deadlines.
How-To
- Contact: Find the competent mediation board and schedule an appointment.
- Collect documents: Create a chronological file with the lease, photos and payment receipts.
- Submit application: Complete the form and file it, in writing or electronically.
- Attend the appointment: Present your evidence and state your claims factually.
- Implement agreement: If an agreement is reached, record it in writing and carry out the agreed steps.
Key Takeaways
- The mediation board is often a faster alternative to court.
- Observe deadlines and respond promptly to correspondence.
- Evidence and photos are crucial for a successful mediation.
Help and Support / Resources
- RIS - Legal Information System of the Republic
- Justice - Information on Courts
- JustizOnline - Electronic Forms