Tenant Rent Reduction: Who Pays? Austria
As a tenant in Austria you are not alone when defects occur in the apartment and use is limited. A rent reduction can compensate your claim, but who pays when and to what extent depends on cause, notice and deadlines. In this text I explain in clear language how to report defects correctly, which rights and duties landlords and tenants have, which evidence is useful and how an appropriate reduction rate is calculated. We also discuss typical cases such as heating failure, mold or water damage and provide practical steps for resolving conflicts out of court or, if necessary, bringing the matter before the courts. At the end you will also find information on forms and court procedures.
What is a rent reduction?
A rent reduction allows the tenant to lower the rent if the usability of the dwelling is significantly impaired. In Austria the legal situation is governed by the Tenancy Act (MRG) and general contract law [1]. It is decisive whether the defect reduces usability and whether the tenant informed the landlord in time.
When is a rent reduction possible?
- Heating failure or significant impairment of hot water supply.
- Widespread mold infestation affecting use or health.
- Water damage, defective sanitary facilities or major pipe bursts.
- Unauthorized entry or persistent violation of privacy by the landlord.
Who pays for rent reduction?
Practically, a rent reduction means the tenant temporarily pays less; economically the landlord thus bears the difference for the period the dwelling is defective. The exact amount depends on the individual case: extent of the defect, impairment of use and duration are relevant. In disputes, courts, often district courts, decide on the appropriate rate [2].
What evidence is important?
- Photos and videos with dates that show the extent of the defect.
- Written defect notice to the landlord with a deadline.
- Witness statements or correspondence with craftsmen or property management.
- Invoices and cost estimates for necessary repairs.
FAQ
- Can I reduce the rent immediately?
- Yes, if usability is significantly impaired and you informed the landlord; however, keep in mind documentation obligations and deadlines.
- How is the amount of reduction determined?
- There is no fixed formula; the rate is measured proportionally to the extent of the impairment and can be decided by a court if necessary.
- Do I have to announce the reduction?
- A written defect notice with a deadline is recommended; in serious defects an immediate reduction may be permissible.
How-To
- Document: Take photos, notes and collect witness statements.
- Notify in writing: Send a defect notice to the landlord and set a reasonable deadline.
- Observe deadlines: Keep records of deadline setting and responses.
- Adjust rent: If necessary pay a reduced amount under reservation.
- Contact the court: In case of uncertainty the district court can decide.
Key Takeaways
- Documentation is crucial to succeed with reduction claims.
- A written defect notice with a deadline protects your rights.
- If unsure, seek legal advice or official guidance.
Help and Support
- RIS: Legal Information System of the Republic of Austria
- Justice: Information on Courts
- JustizOnline: Forms and e-Services
