Tenant Repairs in Austria: Who Pays?
Who pays for maintenance and repairs?
Fundamentally, Austrian tenancy law distinguishes between the landlord's obligations for maintenance and refurbishment and small repairs that are often assigned to the tenant. The Mietrechtsgesetz (MRG) and case law regulate the distribution of duties.[1] In major cases such as roof, facade, heating or central piping, the landlord generally bears the costs; for small, agreed repairs the tenant can be obliged to pay.
- Landlord: responsible for major repairs (repair) such as heating systems, roof and central pipes.
- Tenant: often responsible for small repairs (repair) according to the lease, e.g. locks or light bulbs.
- Cost allocation: special agreements in the contract can change standard duties (deposit/payment).
Reporting defects and deadlines
Defects should be reported to the landlord in writing without delay; in acute damage (e.g. burst pipe) report immediately by phone and then in writing. Observe deadlines to avoid losing rights.
- Report immediately (deadline), for danger report at once.
- Documentation: photos, date, time and witnesses (record, document).
- Set a written deadline (form) and log the repair request.
If the landlord does not respond, filing a complaint with the competent authority or proceeding to the district court may be necessary; deadlines and evidence will support your case.[2]
FAQ
- Who pays for heating system refurbishment?
- Refurbishment of large central heating systems is usually the landlord's responsibility; check the lease and MRG provisions.[1]
- Can the landlord pass small repairs to the tenant?
- Yes, if contractually agreed and the repairs are truly small and reasonable; exact limits can be defined by court decisions.
- What to do if the landlord does not repair?
- Document, follow up in writing, set a deadline and, if necessary, sue in court or seek official assistance.
How-To
- Step 1: Report the defect in writing (form) with photos and date.
- Step 2: Set a deadline (deadline) — e.g. 14 days for non-urgent repairs.
- Step 3: If there is no response, call the landlord and have your documents ready (contact).
- Step 4: If necessary, bring the case to the district court or obtain legal advice (court).
Help and Support / Resources
- [1] Mietrechtsgesetz (MRG) — RIS
- [2] Ministry of Justice – Information on enforcement
- [3] JustizOnline – Forms and submissions