Tenant Rights for Heating Failures in Austria
As a tenant in Austria, a heating failure is not only uncomfortable but can also raise legal questions. Many tenants make mistakes under stress such as missing documentation, poor communication with the landlord, or prematurely withholding payments. This guide explains in plain language what rights and obligations you have, how to document damage, which deadlines apply, and which steps help restore heat quickly. I describe concrete actions, sample wordings for messages to the landlord, and common mistakes to avoid. The goal is for you to review and enforce your claims safely without unnecessary risks or conflicts. I also name authorities and sample forms that are helpful.
What to do in a heating failure?
Contact the landlord immediately in writing, describe the outage and set a reasonable deadline for repair. Refer to your rights under the Tenancy Act (MRG)[1] and document temperature, duration and effects.
Receipts and photos help later with claims.
- Do not withhold rent immediately (rent): premature withholding can have legal consequences.
- Attempting repairs without agreement (repair): unilateral interventions can cause liability and costs.
- Ignoring deadlines and forms (notice): observe important deadlines for repairs and notifications.
- Poor documentation (evidence): failing to collect photos, measurements or messages makes claims harder.
Respond in writing and keep copies.
If the landlord remains inactive, you can consider steps through the district court or seek advice; higher court decisions are available at the OGH.[2]
For electronic forms use JustizOnline.[3]
FAQ
- Can I reduce the rent if the heating fails?
- Under certain conditions yes; the reduction depends on the extent of impairment and requires documentation and a deadline for the landlord to remedy the defect.
- Who pays for the repair?
- As a rule the landlord is responsible for maintenance; only if the tenant is at fault may a different decision apply.
- How long does the landlord have to respond?
- They must respond without delay; for significant disruptions short deadlines (e.g. 48 hours) are appropriate, otherwise a reasonable period applies.
How-To
- Report the defect in writing and set a clear deadline.
- Document the situation: photos, room temperature, date and time.
- If necessary, consider legal steps or seek help at the district court.
- In emergencies hire a tradesperson immediately and secure receipts.
Key Takeaways
- Do not withhold rent prematurely; first check deadlines and legal position.
- Documentation is decisive for success with claims.
- Communicating in writing speeds up solutions.
Help and Support
- Tenancy Act and legal sources (RIS)
- Information on courts and procedures
- Forms and electronic submissions (JustizOnline)
