Platform Rentals for Tenants in Austria
Tenants in Austria face specific questions about rights, duties and repairs when renting via platforms. This article explains in plain language the landlords maintenance duties under the Mietrechtsgesetz (MRG), how tenants should report defects, set deadlines and which evidence matters to enforce claims. I describe practical steps for damage, communicating with the landlord and possible court options. The goal is that you as a tenant understand your rights, meet necessary deadlines and document damages so conflicts can be resolved faster or pursued correctly in court.
What applies to platform rentals?
Platform rentals (e.g., short-term rentals via booking platforms) do not automatically change legal obligations: for a tenancy contract the MRG still applies. The key question is whether a permanent tenancy exists or short-term rental follows other rules. Regular repeated use as a main residence often brings the same tenant protections.
If defects occur, the landlord generally remains responsible for maintenance unless responsibility is clearly and legally assigned to the tenant in the lease.[1]
Rights and duties under MRG §3
Under the MRG rental premises must be kept in usable condition; minor repairs can be contractually assigned to the tenant, while major repairs remain the landlords duty. Whether a duty applies depends on the type, extent and cause of the defect. Communicate in writing and set clear deadlines.
- Define which defects require immediate repair (e.g., heater failure, burst pipe).
- Set a reasonable deadline for the landlord to fix the issue and specify a date.
- Collect evidence: photos, messages, appointments and invoices.
- Request written confirmations and keep copies of all correspondence.
If the landlord does not respond, rent reduction, cost deduction or replacement measures can be considered; legal advice or the district court are potential next steps.[2]
FAQ
- When does the MRG apply to platform rentals?
- If the use amounts to a permanent tenancy or is considered one, MRG rules apply.
- Who pays for necessary repairs?
- Generally the landlord for major maintenance; minor repairs may be contractually defined.
- How long can I set as a repair deadline?
- The deadline depends on the severity and urgency of the defect; immediate for dangerous or total failures, otherwise common deadlines range from 7 to 30 days depending on the case.
How-To
- Contact the landlord in writing and describe the defect with date and photos.
- Set a clear deadline for repair and state specific dates.
- Collect all receipts, photos and witness statements and keep a defect log.
- If there is no solution, consider rent reduction, replacement measures or initiating proceedings at the district court; use official forms and legal information.
Key Takeaways
- Landlords are generally responsible for major repairs.
- Thorough documentation improves enforceability of claims.
- Setting deadlines is essential; act promptly when legal steps are needed.
Help and Support / Resources
- [1] RIS - Legal Information System
- [2] Justice - Courts and Procedures
- JustizOnline - Electronic Forms