Tenant liability for broken window in Austria

Maintenance & repair duties (MRG §3) 2 min read · published September 10, 2025

Many tenants in Austria face the question of who pays when a window pane breaks. The answer often depends on cause, fault and contractual agreements. In some cases the tenant's liability insurance covers the cost, in others the landlord is responsible, for example with age-related wear or missing duty to secure. This guide explains in plain steps what rights and duties tenants have, how to document the damage correctly and which deadlines to observe. You will also learn when you may organize a repair yourself and how court steps in Austria may proceed.

What to do if a window pane is broken?

First check the cause: was it an accident, vandalism or wear? In case of an accident or gross negligence the tenant may be liable, in case of age-related breakage often the landlord is responsible. Consult the tenancy law and relevant provisions if unsure [1].

  • Secure photos and documents (photo, document).
  • Contact the landlord (contact) and report the damage.
  • Check necessity: temporary securing or professional repair (repair).
  • Contact insurance and prepare invoices (payment).
Detailed documentation increases your chances in a dispute.

Repair duties and liability

Generally, the landlord is responsible for maintaining the rented property unless agreed otherwise. Small repairs or damages caused by the tenant's fault may be the tenant's responsibility. Keep all receipts, photos and invoices, and request estimates before accepting a final payment. Respond within deadlines to notices from the landlord or payment requests, otherwise legal steps may follow [2].

Observe deadlines: respond promptly to landlord correspondence.

FAQ

Who pays if a ball breaks the window?
If the tenant or their guests acted with gross negligence, the tenant may have to pay; for accidental events liability insurance is considered.
Do I have to arrange the repair immediately?
If there is danger (open window, shards), you should arrange immediate securing; a professional repair can follow and be coordinated with the landlord.
Can the landlord deduct costs from the rent?
Direct deductions are only possible under clear legal conditions; often court clarification is required.

How-To

  1. Collect documents: photos, date, place and witnesses (document).
  2. Inform the landlord in writing and report the damage (notice).
  3. Obtain estimates and contact your insurer (repair).
  4. If necessary, collect evidence and consider court action at the district court (court).

Help and Support


  1. [1] RIS — Tenancy Law (MRG)
  2. [2] JustizOnline — E-forms
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Austria

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.