Rent Reduction for Defects in Austria
Many tenants in Austria face situations such as mold, heating failure or defective sanitary facilities that significantly reduce living quality. When the apartment no longer meets the contractually agreed condition, a rent reduction can be a reasonable step. This text explains in clear, practical steps what evidence is needed, how to properly inform the landlord, which deadlines must be observed and how to estimate the amount of a reduction. It is aimed at tenants without legal expertise and shows when it makes sense to seek legal assistance or involve district courts to assert your claims in Austria.
How rent reduction works
Rent reduction applies when a defect reduces the usability of the apartment. The basis is statutory rules and the contractual obligations of the landlord; among others, the Mietrechtsgesetz (MRG) is relevant.[1] In practice this means: document, inform the landlord, set deadlines and, if necessary, reduce the rent proportionally.
Quick overview: the main steps
- Document the defect with photos, date and witnesses; note start and effects.
- Inform the landlord immediately in writing and request remediation.
- Set reasonable deadlines for remedy and record deadlines and responses in writing.
- Calculate a proportional rent reduction based on the extent or have an expert estimate it.
- If the landlord does not react, inform advisory services or consider court proceedings.
Important: Unilaterally stopping the entire rent payment can be risky. Instead, documented proportional reduction is common; in disputes the court will decide.
FAQ
- What is a rent reduction?
- A rent reduction is the proportional reduction of the agreed rent when the apartment has defects that impair its use.
- Do I have to reduce the rent immediately when a defect occurs?
- You should first document the defect and notify the landlord in writing. A proportional reduction is possible but should be well justified and documented.
- Who can I contact if the landlord does not respond?
- Contact local tenant advisory services, consumer agencies or, if necessary, the district court to clarify claims.[2]
How-To
- Document: Take photos of the defect, note date and nature and collect witness statements.
- Written notice: Send the landlord a formal defect notice with a deadline.
- Deadline setting: Give the landlord a reasonable deadline for repair and document replies.
- Calculate reduction: Estimate the proportional reduction or obtain a professional assessment.
- Legal steps: If there is no response, consider advice or court action at the competent district court.[2]
Help and Support / Resources
- RIS - Legal Information System of the Republic of Austria
- justiz.gv.at – Information about courts
- JustizOnline – electronic services
