Tenant Deadlines & Documents in Austria
As a tenant in Austria, it is important to know deadlines and the correct documents when reporting repairs, asserting claims, or filing an application in court. This practical guide explains clearly which proofs landlords or courts expect and which deadlines under the Tenancy Act (MRG §3) are relevant. You will learn how to report defects, which photos and documents are helpful, and how to prepare a properly formatted application. The information helps avoid missed deadlines and protects your rights regarding maintenance and repair obligations. At the end you will find a step-by-step guide and links to official forms and legal texts in Austria. If you are unsure which deadline applies or which documents suffice, this overview helps with the decision and lists possible next steps.
Deadlines & Delivery
Many steps begin with a written defect notice to the landlord. Set clear deadlines for remedy and document delivery (email with read receipt, registered mail). Some claims become time-barred, so quick action is important.
- Defect notice: as soon as possible in writing, preferably within a few days (deadline) after discovery of the defect.
- Remedy period: typically 14–30 days depending on the severity of the defect (deadline).
- Lawsuit or application: observe limitation and procedural deadlines once court action becomes necessary (deadline).
Respond within set deadlines, otherwise claims may be lost.
Which Documents to Prepare
Good evidence simplifies any communication and possible court proceedings. Keep copies, photos and all correspondence ready.
- Copy of the tenancy agreement (documents), including attachments and agreements.
- Written defect notice with date, recipient and demand (documents).
- Photos or videos of the damage (documents), ideally with timestamps.
- Estimates, invoices and correspondence with tradespeople or the landlord (documents).
Record the date and time of each report and response.
Application to Court & Evidence Preservation
If out-of-court solutions fail, filing an application at the district court is often appropriate; for procedural questions and forms many use JustizOnline or the courts directly.[2]
Before proceedings, structure your evidence and note deadlines.
- Chronology of events with dates (documents).
- Technical reports or cost estimates from tradespeople (repair).
- Copies of deadlines set and delivery receipts to the landlord (deadline).
In disputes, comprehensive documentary evidence is often decisive.
FAQ
- How long do I have to report defects?
- Immediately after discovery; in practice you should report in writing within a few days and set a remedial period. Long-term limitation periods may differ.
- Which documents are usually sufficient?
- Copies of the tenancy agreement, written defect notices, photos/videos of the defect and invoices or estimates are typically sufficient to substantiate claims.
- What does a court application cost?
- Court fees and any lawyer fees vary; for low dispute values fees are low, for larger claims costs increase.
How-To
- Gather all relevant documents and evidence (documents) with dates and times.
- Send a written defect notice to the landlord and request a remedy period (file).
- Set a reasonable deadline for remediation and document delivery (deadline).
- If the landlord does not respond, prepare the application at the district court or use JustizOnline (court).
- Submit complete documents and keep copies of all evidence (file).
Help and Support
- [1] RIS - Tenancy Act (MRG)
- [2] Justiz.gv.at - Information on courts
- [3] JustizOnline - Forms and submissions
