Tenant Errors on Repair Obligations in Austria
Many tenants in Austria are uncertain about maintenance and repair obligations. This article explains in plain language which duties landlords and tenants have under the Tenancy Act (MRG), how to report defects correctly and which deadlines apply. It shows common mistakes — such as missing documentation, late defect notifications or unauthorized repairs — and gives concrete steps for damage remediation, communication with the landlord and legal measures in disputes. The aim is to provide tenants with clear, practical guidance so you can protect your rights and avoid costly mistakes. The guidance applies to private and subsidized apartments and follows MRG rules and relevant case law. If unsure how to proceed, see the 'Help and Support' section for official Austrian contacts and forms.
What are common mistakes?
Many mistakes arise from wrong expectations about a landlord's maintenance duties under the Tenancy Act (MRG)[1] or unclear agreements between tenant and landlord.
- Lack of documentation of defects, photos and dates.
- Late defect notifications and missing deadlines.
- Unauthorized repairs without approval or written agreement.
- Incomplete or missing written notices to the landlord.
- No clear communication and missing follow-up on responses.
Always keep photos and dates of defects.
Concrete steps for tenants
These steps help avoid common mistakes and secure your claims.
- Document the defect immediately with photos, date and a short description.
- Notify the landlord in writing and request a deadline for repair.
- Set reasonable deadlines and record response times.
- Wait for approval for repairs; in dangerous situations act immediately and inform the landlord.
- If no solution is reached, consider legal steps or conciliation services and collect all documents.
Respond to legal letters within the deadline to avoid losing rights.
FAQ
- Who is responsible for repairs?
- Generally the landlord is responsible for maintenance, but there are exceptions such as small repairs or agreements in the lease.
- What should I do for mold or heating failure?
- Document the condition, inform the landlord in writing immediately and set a reasonable deadline for repair.
- Can I repair myself and deduct costs?
- Only in urgent danger situations or by explicit agreement; without consent you risk reimbursement claims by the landlord.
How-To
- Document defects with photos and dates.
- Send a written defect notice to the landlord.
- Set a clear deadline and note when it starts.
- In case of danger: have repairs carried out and keep receipts.
- If no response: inform authorities or consider court action at the district court[2].
