Tenant Repair Duties in Austria

As a tenant in Austria you often face questions about maintenance duties and repairs in your apartment. Who pays for small repairs, when is the landlord responsible, and how do you report defects correctly? This text explains in plain practical terms which obligations tenants and landlords have under the Mietrechtsgesetz (MRG), how deadlines and remedial actions work, and which steps you can take in case of acute problems or failures of heating and water supply. You will receive practical tips on documentation, communication with the landlord and possible steps before authorities or court if an agreement is not possible.

Was regelt MRG §3?

MRG §3 establishes the principles for the maintenance and repair of rental properties. In Austria the landlord is often responsible for major repairs, while tenants may be responsible for minor cosmetic repairs or contractually agreed small repairs. Check your lease and document defects in writing before taking further steps.^[1]

Typische Pflichten

• The landlord must remedy defects that impair usability, such as heating failure or water damage.
• Small repairs can be assigned to the tenant by agreement, but must not be unreasonably costly.
• Report defects: send a written defect notice with description and date to the landlord.
• Set deadlines: give the landlord a reasonable period for remedy and document all contacts.

Wie reagieren bei akuten Problemen?

For health risks or acute damage (e.g. burst pipe, heating failure in winter) notify the landlord immediately and, if necessary, arrange an emergency measure. Keep proofs and invoices to possibly claim costs.^[2]

FAQ

Who pays for repairs under a certain amount?

Whether small repairs are borne by the tenant depends on the lease and the reasonableness of the costs; there are no blanket rules.

Can I deduct costs myself if the landlord does not respond?

Only after written defect notice and a reasonable deadline may you, in some cases, have repairs carried out at your own expense and claim reimbursement; keep all receipts.

Where can I turn if no agreement is possible?

As a last resort you can turn to the competent district court or seek advice from official bodies.

Anleitung

1. Step 1: Document the defect with photos, date and description.
2. Step 2: Send a written defect notice to the landlord and set a clear deadline.
3. Step 3: Wait for the deadline; in case of no response and acute danger carry out emergency measures and collect evidence.
4. Step 4: In case of dispute you can contact the district court or consider legal action.

Help and Support / Resources

• RIS - Legal Information System of the Republic
• Ministry of Justice - Information
• JustizOnline - Forms

1. [1] RIS - Mietrechtsgesetz
2. [2] Justice - Court Procedures