Tenant Complaints: Who Pays in Austria
As a tenant in Austria you may encounter damp walls, a faulty heating system or other defects that affect living conditions. This article explains in plain language how to properly raise a tenant complaint, which cost questions commonly arise and which deadlines and duties apply to tenants and landlords. You will learn which evidence is important, how to prepare the form and content of the complaint and which official bodies or courts may be responsible. The aim is to give you clear steps so you can safely assert your rights under the MRG and related regulations. We also show when landlords must cover costs, when tenants may handle small repairs themselves and how to set a deadline for remedying the defect.
What is a tenant complaint?
A tenant complaint is the written or otherwise verifiable notification by the tenant to the landlord that a defect exists and must be remedied. Legal foundations can be found in the Tenancy Act (MRG) and related provisions.[1]
Who pays for defect remediation?
Whether the tenant or the landlord must pay depends on the type and severity of the defect. In general, the landlord bears the costs for significant defects that limit the usability of the apartment. Minor cosmetic repairs or agreed small-repair clauses may be the tenant's responsibility. It is important to distinguish between necessary repairs and mere improvements.
- Landlord pays: for substantial defects or risks to habitability.
- Set deadlines: give the landlord a reasonable period to fix the issue.
- Gather evidence: photos, dates, witnesses and delivery notes.
- Form of the complaint: written, clear and verifiable (e.g. registered mail or email with read receipt).
Practical tips for handling the process
First check whether you can reduce the rent, whether you need a temporary fix yourself or whether immediate measures are necessary, for example in case of health hazards. Communicate calmly and document every interaction.
How-To
- Document the defect: take photos and note dates and descriptions.
- Send a written complaint: clearly describe the defect and request a remedy.
- Set a clear deadline (e.g. 14 days) for remedying the defect.
- If nothing happens: seek advice and, if necessary, involve the district court.[2]
FAQ
- Do I have to pay for repairs as a tenant?
- Not for necessary repairs; the landlord is generally obliged to remedy substantial defects. Minor repairs may be contractually assigned to the tenant.
- Can I reduce the rent if the defect is not fixed?
- Yes, rent reduction is possible if the usability is significantly impaired; the amount depends on the degree of impairment.
- How long should I give the landlord to fix the defect?
- A reasonable deadline depends on the defect; 7–14 days is common practice, while urgent hazards require prompt action.
Help and Support / Resources
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justiz.gv.at - Information on courts
- [3] JustizOnline - Court procedures and forms
