Tenant Rights in Austria: Comparison & Implementation

As a tenant in Austria, you are protected by tenancy law and tenant-protection rules against unjustified rent increases, unsafe living conditions and arbitrary evictions. This guide explains in plain language which rights and obligations tenants have, how to respond to defects, which deadlines apply and when legal action may be appropriate. You will receive practical advice about rent, repairs, lease termination and documentation of evidence as well as concrete steps for discussions with the landlord, mediation or court action. The aim is to give you simple, actionable steps so you can better assess your situation in Austria and assert your rights effectively.

Your rights as a tenant in Austria

The basis for many questions is the Mietrechtsgesetz (MRG)^[1] and complementary provisions. Important rights include protection against arbitrary termination, the right to basic habitability, and the right to timely information on rent adjustments.

Rent and rent increases

Landlords cannot increase rent arbitrarily; there are legal rules and deadlines. Check every increase in writing and request a justification. If necessary, seek legal assessment.

Repairs and defects

Defects must be reported to the landlord; keep copies and photos as evidence. Acute damages usually require immediate action.

• Report defects in writing (repair) and set a deadline for remediation.
• Document photos, dates and communication (evidence) for later proof.
• Consider rent reduction if usability is impaired (rent).

Termination and eviction

On termination, check the form, deadlines and grounds carefully; court proceedings usually go through the district court and follow civil procedure rules^[2].

Practical steps you can take

Proceed step by step: collect evidence, inform the landlord in writing, set deadlines and seek advice from tenant associations or legal offices.

1. Collect evidence: photos, messages and invoices (evidence).
2. Send a formal defect notice to the landlord and set a deadline (notice).
3. Contact advisory services and plan next steps (call).
4. If necessary, consider filing a claim at the district court (court).

FAQ

What deadlines apply to defects?

You should report defects immediately and give the landlord a reasonable deadline to remedy them; document the date and content of the report.

Can a landlord claim personal use (Eigenbedarf)?

Personal use is possible but must be justified and declared formally; check the justification and deadlines.

What does a lawsuit cost me?

In addition to court fees, attorney fees or expert costs may apply; many advisory services offer low-cost help.

How-To

1. Collect evidence: photos, messages and witness statements (evidence).
2. Send a formal defect notice to the landlord and set a deadline (notice).
3. Seek advice from a tenant association or legal service (call).
4. If no solution, consider filing a claim at the district court (court).
5. Keep all receipts for potential refunds or rent reductions (rent).

Help and Support

• RIS: Legal Information System of the Federal Government
• Justice: Information on court procedures
• JustizOnline: Forms and e-services

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justice: Court procedures and jurisdictions
3. [3] JustizOnline: Electronic forms