Tenant Documents & Repair Duties in Austria
As a tenant in Austria, you should know exactly which documents are required for different housing and care arrangements and what repair and maintenance duties apply. This guide clearly explains which documents landlords and care providers may request, how tenants can enforce their rights in case of deficient maintenance under MRG §3[1], and which deadlines and proof obligations must be observed. You will learn practical steps for properly documenting damage, correctly reporting repair needs, and possibly involving authorities or courts. The text is aimed at tenants and prospective tenants across Austria looking for quick, clear, and practical information on documents and repairs. It includes sample wording and tips for dealing with landlords.
Basic documents
Depending on the housing or care arrangement, similar basic documents are required. Collect copies and digital scans so you have evidence in case of a dispute.
- Signed lease agreement or care contract
- Registration certificate (Meldezettel) and ID copy
- Proof of income or ability to pay (pay slips, benefit notices)
- Medical certificates for assisted living arrangements
- Photos and documentation of the apartment condition at move-in
Repair and maintenance duties
Under the Tenancy Law (MRG), the landlord is generally obliged to keep the apartment in a usable condition and to carry out necessary repairs. This includes heating, water, sanitary facilities and general habitability.[1]
Steps for reporting defects
Proceed systematically: describe the defect in writing, send the defect notice by e-mail and by registered mail or handover with acknowledgment of receipt, and set a reasonable deadline for repair.
- Written defect notice with date and specific description
- Photos, videos and, if applicable, cost estimates as evidence
- Set a deadline for remedy (e.g. 14 days depending on urgency)
If repairs are not done
If the landlord does not respond, continue documenting and consider the next steps: rent reduction, commissioning a repair with cost recovery, or legal action before the competent district court.[2]
FAQ
- Which documents do I need for assisted living?
- Usually the lease or care contract, medical certificates, proof of income and the registration certificate are required.
- Who is responsible for repairs?
- Generally the landlord; under the MRG the landlord is responsible for maintaining the quality of the dwelling and necessary repairs.[1]
- What can I do if the landlord does not react?
- Send a written defect notice, set deadlines, collect evidence and, if necessary, involve the district court.[2]
How-To
- Collect all relevant documents and create a defect documentation.
- Send a formal defect notice to the landlord and request rectification within a clear deadline.
- Give the landlord a reasonable deadline and document the process.
- If necessary, seek legal help or file an application with the district court.[2]
Help and Support / Resources
- RIS - Legal Information System of the Federal Government
- Justiz.gv.at - Court information
- JustizOnline - Forms and submissions