Tenant Repair and Maintenance Duties in Austria
Many tenants in Austria are unsure who is responsible for repairs and the upkeep of the apartment. This article explains in plain language which duties landlords and tenants have under the Mietrechtsgesetz (MRG §3), how to report defects correctly, which deadlines apply and which evidence is important. You will learn practical steps to enforce your rights, when a repair must be covered by the landlord, and which costs may possibly be shared. The information is tailored to residential tenancy relationships in Austria and helps avoid conflicts or be prepared for discussions with property management or the court. At the end you will find a step-by-step guide and pointers to official forms and contact points.
Who is responsible?
Landlords are generally responsible for major maintenance and the upkeep of the rented property. Minor cosmetic repairs can be imposed on the tenant in the lease. The legal basis is the Mietrechtsgesetz (MRG §3)[1], which regulates the duties and exceptions.
In most cases, the basic maintenance obligation remains with the landlord.
Typical duties
- Landlord: cover major repairs such as heating (heating), water pipes (water) and structural defects.
- Tenant: carry out minor touch-ups and regular care as stated in the rental contract.
- Evidence: keep photos, dates and a defect logbook.
Keep all messages and invoices related to defects.
How to document and report?
Report defects in writing, preferably by letter or email with date and description. Attach photos and a short logbook so that deadlines and escalations are traceable[2].
If the landlord does not respond, set a reasonable deadline for remedy. In acute dangerous situations (e.g. heating failure in winter) you can consider replacement arrangements or seek help from authorities.
Set clear deadlines and document every correspondence before considering legal action.
FAQ
- Who pays for minor repairs?
- Minor repairs are usually borne by the tenant if agreed in the lease; if in doubt, the MRG assesses reasonableness.
- How do I report a defect correctly?
- In writing with date, description and photos; keep a copy and send a deadline for remediation.
- What to do if the landlord does not respond?
- Set a deadline, secure evidence, then seek advice or consider legal steps.
How-To
- Report the defect in writing and set a deadline (file/submit).
- Take photos and create an evidence log (evidence/record).
- If necessary: contact the district court or seek legal advice (court).
- Check forms and official guidance on JustizOnline or consult advisory services (contact/help).
Help & Support
- RIS: Mietrechtsgesetz (MRG)
- Justiz.gv.at: information and procedures
- JustizOnline: forms and e‑services
