Tenant Defect Complaint & Rights in Austria

As a tenant in Austria, you may occasionally face housing problems such as heating failures, mold or leaky pipes. A formal defect complaint is the most important tool: it informs the landlord, sets deadlines and preserves your rights, such as rent reduction or claims for compensation. In this article I explain step by step how to write an effective defect complaint, which deadlines apply, which evidence is important and when you should involve authorities or courts. The language is plain and aimed at non-legal readers. At the end you will find practical sample wordings, documentation tips and links to official Austrian sources so you can pursue your concerns in a factual and legally secure way.

What is a defect complaint?

A defect complaint is a formal written notice from the tenant to the landlord that a condition of the apartment impairs its usability. It names the specific defect, requests remediation and preserves deadlines and rights under the Mietrechtsgesetz (MRG)^[1].

When and how to complain?

Correct procedure increases the chance of quick remediation. Note: deadlines, clear description and good documentation are crucial.

• Observe deadlines: notify the landlord within 14 days (deadline).
• Attach photos and documents: date, visible damage and malfunctions (photo, document).
• Send a written complaint by registered mail or email and prove receipt (form).
• Check rent reduction (rent reduction): for significant impairments a reduction may be justified.
• If the landlord does not respond: contact a conciliation body or consider filing a lawsuit at the district court^[2] (court).

The MRG sets many landlord obligations, such as maintenance duties and the conditions for rent reduction^[1]. Keep copies of all messages and receipts.

Frequently Asked Questions

What must a defect complaint contain?

Location and description of the defect, date, request for remediation and a reasonable deadline, and a request for confirmation of receipt.

Can I reduce the rent until the defect is fixed?

For substantial impairments a rent reduction is possible; the amount depends on the individual case and should be well documented.

Where can I turn if the landlord does not respond?

Contact a conciliation body, a tenant association or the competent district court for judicial clarification.

How-To: Write a defect complaint

1. Step 1: Describe the defect clearly and state the date (form).
2. Step 2: Attach evidence: photos, a report and named witnesses (photo, evidence).
3. Step 3: Set a reasonable remediation deadline, e.g. 14 days (deadline).
4. Step 4: Send the complaint by registered mail or email and obtain confirmation of receipt (form).
5. Step 5: If the landlord does not react, inform a conciliation body or file a lawsuit (court).

Help and Support

• RIS – Federal Legal Information System
• Justiz.gv.at – Information on courts and procedures
• JustizOnline – Forms and electronic submissions

1. [1] Federal law: Mietrechtsgesetz (MRG)
2. [2] Justice: Courts and procedures