Noise Disturbance as Eviction Ground for Tenants in Austria

Many tenants in Austria experience repeated disturbances from excessive noise, whether from neighbors, construction work or landlord-related activities. This can significantly reduce living quality and raise questions about rights, duties and possible steps. This article explains for tenants in plain language when noise qualifies as a substantial disturbance, what duties landlords have, how to document incidents correctly and which deadlines and legal options exist. I describe practical measures for evidence preservation, communication steps with the landlord and possible legal options as well as when rent reduction or liability may be considered. The aim is to give you clear steps and reliable guidance for acting in Austria.

When is noise a disturbance?

Noise is not judged by volume alone but by frequency, avoidability and impact on the use of the dwelling. Repeated, avoidable sources of noise can be a substantial disturbance and thus trigger tenancy rights.^[1]

Which criteria matter?

Key factors are duration, time of day, repetition and whether the perpetrator failed to take reasonable measures. Construction and contractual conditions also play a role.

• Document date, time, duration and type of noise with photos, audio or written notes.
• Contact the landlord early and in writing describing the disturbance.
• Set a reasonable deadline for stopping the noise, preferably in writing.
• Consider rent reduction or damages for ongoing disturbance.

Evidence preservation and privacy

When making audio or video recordings, observe local privacy rules; in many cases ambient recordings are permissible as long as intimate privacy is not violated. Written witness statements from neighbors are helpful.

Rights and duties of tenants and landlords

The landlord is obliged to ensure the contractual use of the rented property and to remedy disturbances. Tenants have the right to contractual use and may expect reasonable measures. An amicable solution is often the fastest route.

FAQ

Can noise justify termination?

Yes, repeated, substantial disturbance can lead the landlord to terminate or the tenant to withdraw, though circumstances must always be examined.

Can I reduce rent because of noise?

If the usability of the dwelling is substantially impaired, a rent reduction may be considered; the amount depends on the severity of the disturbance.

Where can I turn if the landlord does not respond?

If discussions fail, tenants can contact conciliation bodies, district courts or legal advice services.

How-To

1. Gather evidence: notes, photos, date and time stamps and, if legally permissible, audio recordings.
2. Notify the landlord in writing and request remedy with a clear deadline.
3. Wait for the set deadline and document any further disturbances.
4. If the landlord does not act, consider legal steps or conciliation; court forms may be required.^[2]

Key Takeaways

• Repeated, avoidable noise can trigger tenant rights.
• Good documentation is crucial for success in complaints or court proceedings.
• Observe deadlines and act promptly.

Help and Support

• RIS - Legal Information System of the Republic of Austria
• Justice - Court Information
• JustizOnline - Court Forms

1. [1] RIS - Tenancy Law (MRG)
2. [2] JustizOnline - Court Forms