Rent and Heating Failure: Tenant Rights in Austria
A heating failure often affects tenants in Austria unexpectedly and can impact comfort, health and living quality. As a tenant you have concrete rights: you must inform the landlord immediately, collect evidence and under certain conditions you can reduce the rent or demand remedial measures. This guide explains step by step how to react immediately, which deadlines apply and when to consider legal action. We show how to report defects correctly, set deadlines, keep documentation and which administrative steps are possible. The language is intentionally simple so that non-lawyers can understand the next steps and protect their interests. If necessary, we also name court options and contacts.
What to do in case of heating failure?
Report the damage immediately in writing or by email to the landlord and document date, time and room temperatures. Refer to your rights under the Tenancy Law (MRG) and general contract law[1].
- Inform the landlord immediately in writing and set a deadline for repair.
- Collect photos, temperature readings and witness notes as evidence.
- Check whether a rent reduction is possible and from which date it applies.
- If necessary: document contractor or emergency service costs for possible remedial action.
Secure evidence such as photos and temperature notes.
Deadlines and rent reduction
Set a reasonable written deadline for the landlord to remedy the defect. The amount of a rent reduction depends on the extent of the impairment and must be assessed individually. If in doubt, consultation or court clarification may be necessary[1].
Set a written deadline for the landlord to fix the defect.
Important documents
- Documentation: photos, emails, temperature logs and repair invoices.
- Timeline: note when reported and which deadlines have passed.
- Receipts for emergency heating services or replacement heaters if needed.
If the landlord does not respond
If the landlord does not react, you can consider remedial measures by third parties or rent reduction; in serious cases, court action and involving the district courts remain options. Document all steps and consider legal advice beforehand.
- Remedial action: fixing the defect by third parties with receipts.
- Court action: filing a claim at the competent district court if the defect is not remedied.
- Advice: consult tenant associations or lawyers before taking cost-incurring measures.
Remedial measures can incur costs; keep all receipts.
Frequently Asked Questions
- Can I reduce the rent immediately?
- A rent reduction is possible if the living quality is significantly impaired; the amount depends on the extent and begins from the time the landlord is in default.
- Do I have to inform the landlord first?
- Yes, a proper report from the tenant to the landlord is a prerequisite to set deadlines and enforce claims such as rent reduction or remedial measures.
- Who pays for emergency service costs?
- Emergency service costs can sometimes be reimbursed by the landlord if the remedial action was justified and the costs are properly documented.
How-To
- Report the damage in writing and set a clear deadline for repair.
- Document dates and deadlines, noting date and time.
- Collect photos, temperature data and witness statements.
- If needed, calculate rent reduction or arrange remedial action.
- If no agreement is reached: consider filing a claim at the district court.
Help and Support
- RIS: Laws and regulations (e.g. MRG)
- Justiz.gv.at: Information on courts and proceedings
- JustizOnline: Forms and e-filing
