Raising a Defect Notice as Tenant in Austria
If defects occur in your apartment, a clear defect notice helps protect your rights as a tenant in Austria. This text explains how to formally report defects, which deadlines are important, what evidence you should collect and when legal steps may be appropriate. The guide is easy to understand and practical so that you as a tenant know how to act safely and correctly. Read the steps for wording, documentation and communication with the landlord and learn which authorities or courts can help if needed.
What is a defect notice?
A defect notice is a formal notification from the tenant to the landlord that the apartment has a defect that impairs usability. The aim is to request the landlord to remedy the defect and to set deadlines. Refer to the specific defect and request rectification within a reasonable period[1].
How do I phrase the defect notice?
Write precisely: describe the defect, give date and location, attach photos and set a clear deadline for remedy. Ask for confirmation of receipt and document all replies.
- Describe the defect in detail and attach photos and dates.
- Set a deadline (e.g. "within 14 days") so timing is clear.
- Send the notice in writing by e-mail or registered mail and request confirmation of receipt.
- State which remedial actions you expect (repair, replacement, etc.).
Which evidence is important?
Collect dates, photos, witnesses, cost estimates and all messages with the landlord. Good documentation increases your chances in negotiations or a court hearing.
- Photos with date stamps and clear descriptions.
- Correspondence, emails and message threads.
- Cost estimates for repairs, if relevant.
- Contact details of witnesses or tradespeople.
What if the landlord does not respond?
If there is no response to the defect notice, you can wait reasonable deadlines and then consider further steps: rent reduction, arranging repairs at the landlord's expense or suing at the district court. In serious cases legal advice is recommended[2].
- Consider a rent reduction if usability is impaired.
- Have necessary emergency repairs carried out only by qualified professionals.
- For ongoing disputes you can sue at the district court.
Formal notes and deadlines
There is no single statutory deadline for every defect notice; the deadline depends on the individual case. In many cases 7–30 days are reasonable, in urgent cases (e.g. heating failure in winter) immediate action is required. Record all deadlines in your letter so it is clear later when you acted.
FAQ
- What must be included in a defect notice?
- An exact description of the defect, date, photos, a deadline for remedy and a request for confirmation of receipt.
- Can I reduce the rent if the defect is not fixed?
- Yes, under certain conditions a rent reduction is possible; check the specific case and document the defect carefully.
- Where can I turn if the landlord does not respond?
- Contact the district court or seek legal advice; official information is available from the competent authorities.
How-To
- Step 1: Describe the defect in writing with date and evidence.
- Step 2: Set a clear deadline (e.g. "within 14 days").
- Step 3: Send the notice by registered mail or e-mail and request confirmation.
- Step 4: Wait the deadline and then consider rent reduction or court action.
