Tenant Rights and Costs under MRG in Austria
As a tenant in Austria you often face questions: Who covers costs when something breaks? What rights does the Mietrechtsgesetz (MRG) grant for repairs, operating costs or restrictions on use? This text explains step by step which basic rights tenants have, how costs are typically allocated and which obligations landlords carry. You will receive clear guidance on how to report defects, meet deadlines and which evidence is important if a dispute goes to court. The language is kept simple so you as a tenant remain able to act and know which steps you can take in Austria. We also provide practical examples, template texts for defect reports and notes on cost allocation for different types of housing.
What does "Grundrechte" mean in the MRG?
The Mietrechtsgesetz (MRG) sets minimum standards and protection rules for tenants. These include housing quality, protection against unjustified termination and rules on cost allocation between tenant and landlord[1]. The MRG does not regulate every single situation, but it provides binding principles that landlords must follow.
Who pays which costs?
Typically the cost question can be roughly sorted as follows:
- Rent: The contractually agreed gross rent is paid by the tenant.
- Repairs to the structure: Damage to heating, roof or facade is usually the landlord's responsibility.
- Minor repairs: Contracts may regulate small wear-and-tear; check your lease agreement.
- Operating costs: Operating costs are usually allocated by agreement or statutory rules.
- Special agreements: Written arrangements in the lease can change allocation and liability.
How do I report defects and what deadlines apply?
If something does not work or the apartment becomes uninhabitable, you should report the defect in writing and set a reasonable deadline for the landlord to remedy it. In emergencies (e.g. heating failure in winter) immediate action is required; keep proof.
Evidence and documents
Good evidence increases your chance that costs are correctly assigned. Useful documents include:
- Photos and videos of the defect with date.
- Written defect reports and landlord responses.
- Invoices or cost estimates for work carried out.
If the landlord does not respond
If the landlord does not react to deadlines, you can consider arranging remedial work yourself and charging back, rent reduction or legal action. District courts are responsible for proceedings; information on procedures and forms is available on justice platforms[2].
Practical examples
- Heating failure in winter: The landlord usually has to organize and pay for the repair.
- Mold due to leaking facade: Costs for remediation are typically borne by the landlord unless the cause lies with the tenant.
- Agreed ancillary costs: Check the operating cost statement and request supporting documents.
Häufige Fragen
- Who pays for minor repairs?
- It depends on the lease; statutory rules may vary by type of housing. Check written agreements.
- Can I reduce the rent if repairs are not made?
- Yes, rent reduction is possible if usability is significantly impaired; document the defect.
- Where can I turn for legal steps?
- Typically the district court is competent; many parties use JustizOnline for filings[3].
Anleitung
- Document the defect with date, photos and witnesses.
- Send a formal defect report to the landlord and set a deadline.
- Seek advice from tenant associations or legal aid if necessary.
- If required, file a claim at the competent district court.
