Tenant Defect Notice in Austria
As a tenant in Austria, you can file a defect notice when the apartment does not meet the agreed or legal standards. This guide explains clearly and practically what rights you have, how to document defects and which deadlines apply. You will learn how to draft a written defect notice correctly, which evidence is useful and how to respond if the landlord does not act. The information takes into account the Tenancy Act (MRG) and shows when court action may be necessary.[1] I explain examples, deadlines for defect remediation and how to collect evidence. If necessary, I refer to formal steps before the district court and JustizOnline forms.[2]
What is a defect notice?
A defect notice is a formal communication from the tenant to the landlord that a condition of the apartment does not meet the contract or legal minimum requirements. The goal is to give the landlord an opportunity to remedy the defect and to set deadlines before further legal steps become necessary.
When to file a defect notice?
- When essential functions are missing or failing, such as heating, hot water, electricity or severe mold.
- When the use of the apartment is impaired and you can collect evidence such as photos or measurement records.
- In case of clear contractual breaches by the landlord, such as missing repairs despite requests.
- When you need to set deadlines so claims do not lapse or to achieve quick remediation.
How to write and serve a defect notice
Write the notice in writing, state the specific defect, set a reasonable deadline for remediation and, if applicable, announce further actions (e.g. rent reduction or court action). Attach evidence photos, date and your contact details. Send the notice with proof of delivery, e.g. by registered mail or courier.
- Describe the defect factually and precisely, including the date it occurred.
- Attach photos, witness statements or measurements to support the claim.
- Set a clear deadline for remediation (14 days is common, variable depending on the defect).
- Keep proof of delivery and record phone calls and appointments.
FAQ
- What form must a defect notice take?
- The notice should be in writing, describe the defect precisely, state a deadline and include evidence; verbal notices are less effective.
- Can I reduce the rent?
- Yes, in cases of significant impairment of use, a rent reduction is possible, but only after a proper defect notice and if the defect persists.
- What if the landlord does not respond?
- If the landlord does not act, you can consider further steps: contacting a conciliation body, filing an application at the district court or using JustizOnline forms.[2]
How-To
- Step 1: Document defects with photos, dates and witnesses.
- Step 2: Draft a written defect notice and set a reasonable deadline.
- Step 3: Serve the notice with proof and wait for the deadline.
- Step 4: If no remedy occurs, consider legal action and possibly file at the district court.
