Tenant Rights: Defect Notice (MRG) in Austria
Many tenants in Austria wonder whether a landlord may issue a defect notice and what consequences this has under the Mietrechtsgesetz (MRG)[1]. This article explains in plain language what a defect notice is, when landlords may use it, which obligations and deadlines apply to both parties, and what steps tenants should take to protect themselves. We provide practical measures for securing evidence, how to respond to a defect notice and when it makes sense to seek legal advice or mediation. The aim is to present tenant rights clearly and provide practical guidance for everyday situations.
What is a defect notice?
A defect notice is a formal communication by which a party points out a defect or a breach of obligation. In the tenancy context, the landlord can complain about defects in the rented property or breaches by the tenant. The notice usually creates a basis for further measures, such as setting deadlines for remedy or claims for damages.
When may the landlord issue a defect notice?
The landlord may issue a defect notice when concrete breaches of duty or damages are present. It is important that the notice clearly describes the defect and what remedy is required.
- For actual damages to the apartment or inventory, e.g. broken doors or pipes.
- If deadlines for remedying defects or reporting damages were not met.
- For breaches of contractual obligations that need to be formally complained about in writing.
- When legal steps or judicial termination are involved, the district court is often competent.[2]
Tenants' rights and duties
Tenants have the right to a safe and habitable apartment. When faced with a defect notice, check whether the allegations are justified and collect evidence immediately. Keep written communication and appointments on record.
- Evidence: keep photos, dates, witnesses and written communication.
- Reply: respond in writing and keep copies.
- Help: contact tenant associations or mediation services if needed.
FAQ
- Can the landlord issue a defect notice without evidence?
- Yes, they can issue a notice, but the burden of proof for justified claims lies with the landlord.
- What deadlines apply after a defect notice?
- Deadlines depend on the individual case; often a grace period is set before further steps are taken.
- Do I have to continue paying rent if the landlord issues a notice?
- Yes, as a rule the obligation to pay rent remains, unless there is a substantial defect.
How-To
- Document the defect immediately with photos and dates.
- Send the landlord a written response and request remedy.
- Contact tenant advice or the mediation service for support.
- If necessary, prepare documents for the district court and file a claim.[2]
- Continue rent payments according to law and advice to avoid disadvantages.
Key Takeaways
- Documentation is the most important basis for tenant defense.
- Observe deadlines: quick reaction protects your rights.
