Raising a Defect Complaint: Tenants in Austria
As a tenant in Austria, it is important to report defects early and correctly. A defect complaint can trigger repairs, justify rent reduction, or form the basis for later claims. Many tenants nevertheless make formal mistakes: unclear deadlines, missing evidence photos, incomplete addresses or insufficient communication steps with the landlord. This text explains in plain language which details an effective defect complaint should contain, how to meet deadlines, secure evidence and which actions make sense if there is no response. At the end you will find a step-by-step guide, frequently asked questions and official contacts in Austria so you can better enforce your rights under rental law (MRG). Practical examples and tips for wording a written complaint help increase the chances of a quick remedy and avoid later legal disputes.
What is a defect complaint?
A defect complaint is the formal notification to the landlord that a defect exists and a request for remedy. It specifies the defect, the location and a reasonable deadline for repair. In Austria many rights and duties on this are regulated in the Mietrechtsgesetz (MRG).[1]
Common mistakes with defect complaints
- No clear deadline or too short a deadline so the landlord cannot respond.
- Missing or poor photographic evidence that does not clearly document the defect.
- Incomplete address or recipient information, making delivery of the complaint uncertain.
- Defect described imprecisely, without location, time or effects on habitability.
- No mention of desired legal consequences (e.g. rent reduction) or missing legal notes.
How to formulate an effective defect complaint
An effective defect complaint should include at least the following: precise description of the defect, location in the rental property, date discovered, deadline for remedy and your contact details. Send the complaint in writing by registered mail or by email with read receipt if possible. Keep copies, photos and all responses.
- Describe the defect precisely and avoid vague wording.
- Set a clear deadline for remedy and state a date or number of days.
- Attach photographic evidence with date and time stamps.
- Document verbal agreements in writing afterwards and include witness details.
If the landlord does not respond
If the landlord does not respond within the set deadline, check your options: rent reduction, self-remedy with reimbursement, or legal action. Before going to court, a final reminder is often sensible. In disputes you can contact the district court; jurisdiction for tenancy issues often lies there.[2]
Legal steps and forms
If an amicable solution fails, you can enforce claims in court. Many tenants use the JustizOnline services for court terminations, lawsuits or certain forms.[3]
FAQ
- When is a defect complaint required in writing?
- It is not always mandatory in writing, but recommended: only written complaints are reliable evidence in court and facilitate deadline setting.
- What is an appropriate deadline?
- It depends on the defect: for emergencies (e.g. heating failure in winter) days are appropriate; for less urgent defects often 14 to 30 days.
- Can I repair myself and reclaim costs from the landlord?
- Under certain conditions yes, if the landlord does not act despite a deadline and your costs are reasonable and documented.
How-To
- Write the defect complaint with clear description, date and deadline.
- Secure evidence: photos, videos and witness notes.
- Send the complaint with proof of delivery (registered mail or email with read receipt).
- If no response, consider rent reduction, cost reimbursement or court action.
Key Takeaways
- Good documentation is often more important than immediate legal action.
- Set and respect clear deadlines to protect your rights.
- Use official services and forms for legally secure steps.
Help and Support / Resources
- RIS – Legal Information System of the Republic of Austria
- Justiz Information on Courts and Procedures
- JustizOnline – Forms and Electronic Submissions
