Tenant Repair & Maintenance Duties in Austria
As a tenant in Austria you may face issues like leaking heaters, mold or lack of hot water. This practical guide explains in plain language which maintenance and repair obligations apply, how to report defects correctly and which deadlines under MRG §3 are important. You get concrete steps for documentation, advice on communicating with the landlord and what to do if repairs are not carried out. The aim is to enable you to enforce your rights, reduce cost risks and resolve disputes factually. The information is general; for complex cases seek legal advice. Use the checklists and deadlines to react promptly and secure evidence.
What does MRG §3 regulate?
MRG §3 specifies who is responsible for upkeep and repairs in the rental property and under which conditions tenants are entitled to defect remediation[1]. In general the landlord is obliged to keep the apartment in a usable condition. At the same time there are limits for minor repairs and compensation duties.
Tenant rights and duties
As a tenant you have duties to care for the apartment but also rights when defects impair use. Important points are reporting, deadlines, documentation and communication.
- Minor repairs may be borne by the tenant depending on the agreement.
- Report defects in writing and set a reasonable deadline for remediation.
- Keep photos, dates and all messages as evidence.
- Allow access for repair appointments if they were announced in time.
What to do about major damage or failure of essential services?
For serious defects (e.g. heating failure in winter or burst pipes) notify the landlord in writing immediately, set a short deadline and consider a substitute performance if necessary. Document the extent and damage carefully and obtain cost estimates if required.
FAQ
- How do I report a defect?
- Describe the defect in writing, attach photos, state the date and set a clear deadline for remediation.
- Can I organize repairs myself and deduct costs?
- Only within narrow legal limits and after notification; for major repairs the landlord is primarily responsible. Check the individual case or seek legal advice.
- What deadlines apply for fixing defects?
- Deadlines depend on the case: emergency situations require immediate action, less urgent defects should have a reasonable deadline set in writing.
How-To
- Notify in writing: describe the defect, date and requested measures.
- Set a deadline: specify a reasonable deadline for remediation (e.g. 14 days depending on urgency).
- Document: collect photos, witnesses and all messages chronologically.
- Legal steps: if nothing happens, consider filing at the district court or getting legal advice.
Help & Support / Resources
- [1] RIS - Legal Information System of the Federal Government
- [2] Justice - Information on Courts and Procedures
- [3] JustizOnline - Online services and forms
