Tenant Liability: Broken Window in Austria
As a tenant in Austria you may face the question of who bears the cost for a broken window. Whether the tenant or the landlord must pay depends on the cause, fault and the obligations in the lease as well as the Mietrechtsgesetz (MRG)[1]. Minor damage from carelessness may be treated differently than damage from a break-in or force majeure. It is important to document the damage immediately, take photos and inform the landlord. These first steps protect your rights and clarify whether a repair is immediately necessary or should be billed. Below we explain the applicable rules, how to secure evidence and which deadlines and options for cost coverage exist.
What applies to a broken window?
When determining who pays, cause and fault play the largest role: If the tenant is at fault, they may be required to pay, while the landlord is responsible for age-related wear or building defects. Relevant rules can be found in the Mietrechtsgesetz and your lease, so check both and seek legal help if unsure.
Who pays?
If the tenant acted negligently
- Tenant pays if the damage is due to their fault
- Landlord covers repair costs for construction defects or normal wear and tear
- Insurance may cover costs; check your household or liability policy
Evidence and documentation
Documentation is central: photos from different angles, date, circumstances of the damage and witness statements help prove the cause. Keep emails and messages to the landlord and any cost estimates.
FAQ
- Do I have to pay as a tenant for every broken window?
- Not necessarily. It depends on fault, cause and contractual agreements; if at fault you may be liable, while wear or construction defects are often the landlord's responsibility.
- How quickly must I inform the landlord?
- As soon as possible, preferably in writing with photos and a deadline for repair to avoid misunderstandings.
- Can insurance cover the costs?
- Yes, in many cases household or liability insurance pays; check your policy and obtain cost estimates.
How-To
- Photograph the damage and note the date
- Inform the landlord in writing and set a deadline
- Obtain a cost estimate and, if needed, request forms via JustizOnline[2]
- Observe deadlines and keep documented communication
