Rent Reduction: Tenants' Rights in Austria
When is a rent reduction possible?
Rent reduction is possible when the usability of the apartment is significantly impaired by defects. Typical cases are no heating in winter, severe mold, persistent water leaks or no hot water. The legal basis can be found in the Mietrechtsgesetz (MRG) and supplementarily in the ABGB[1].
Which defects justify a reduction?
- Heating failure or insufficient heating
- Severe mold in living areas
- Water damage or persistent dampness
- No hot water or sanitary failures
Report defects: how and what to document?
Report defects to the landlord immediately in writing and request remediation. State the date, description and set a deadline for repair. Use photos and possibly videos as evidence. Keep personal notes of conversations, emails and receipts.
- Written defect notice with deadline to the landlord
- Photos, videos and witness notes
- Record deadlines and appointments
Practical steps to protect value
If the landlord does not respond, tenants may withhold an appropriate portion of the rent or claim a rent reduction. Before unilateral reduction, a clear written request for remediation is advisable. For major defects, mediation or court clarification may be necessary[2].
Amount of reduction and calculation
The amount depends on the degree of impairment. There is no fixed formula; reductions are often calculated as a percentage of gross rent. Minor impairments lead to smaller deductions; in uninhabitable conditions the reduction can be substantial. Seek legal advice or use mediation if uncertain.
- Proportional rent deduction for partial impairment
- Substantial deduction if the apartment is effectively unusable
Legal route, mediation and court
If landlords do not react, district courts are competent; many cases can be resolved through mediation. In court, a judge decides on legality and amount of reduction. Pay attention to deadlines and formal requirements when filing claims[2].
FAQ
- When can I reduce my rent?
- When the apartment is significantly impaired by defects such as mold or no heating.
- Do I have to inform the landlord in writing?
- Yes, a written defect notice with a deadline is important to substantiate later claims.
- Can I simply cut the rent?
- Reduction is possible, but a written request and advice are recommended; consider mediation or court if unsure.
How-To
- Report the defect in writing to the landlord and set a deadline for repair.
- Collect photos, videos and witness statements as evidence.
- Wait for the deadline and remind the landlord if there is no response.
- Consider rent reduction or mediation/court for ongoing defects.
- If necessary, file a claim at the district court and prepare all documentation.
Key Takeaways
- Documentation is essential for successful claims.
- Observe deadlines and formal notifications strictly.
- Mediation or court may be required if the landlord fails to act.
Help and Support / Resources
- RIS: Legal Information System of the Republic of Austria
- Justiz.gv.at: Information on courts
- JustizOnline: Forms and e‑services
