Tenant Rights: Entry for Repairs in Austria
As a tenant in Austria, you have rights when landlords, tradespeople or technicians want to enter your apartment. This guide explains clearly when entry is permitted, what notice periods and announcements are common, and how to protect your privacy and living conditions. We show which documentation is important, how to respond appropriately and what official steps are possible if an entry appears unlawful. The goal is for you to act confidently: from arranging an appointment to requesting written notice and reporting to authorities or a court if necessary.
Rights on Entry
In principle, a landlord may not enter the apartment without permission. Access is only permitted in clearly defined situations, such as necessary repairs, urgent danger, or with the tenant's explicit consent. Many details are governed by the Mietrechtsgesetz (MRG) and case law in Austria.[1]
- Notice period: Landlords should inform in good time, usually at least 24 hours before the appointment.
- Purpose of entry: Repairs, maintenance or acute dangers justify entry.
- Consent: Written consent of the tenant is advisable, especially for renovations.
- Scope of works: Tradespeople may only perform the announced work; additional interventions require new consent.
When Immediate Entry Is Allowed
In cases of imminent danger, such as a burst pipe or fire risk, the landlord or a representative may enter immediately to avert damage. Afterwards, document the measures taken and inform yourself about your rights if damage or unlawful conduct follows.
- Emergencies: Immediate entry is allowed to eliminate acute dangers.
- Documentation: Take photos of damages and work progress as evidence.
What to Do in Case of Unlawful Entry
If an entry occurred without legal basis or without your consent, document the time, persons and behavior. Request written explanations and set deadlines for responses. For repeated violations you can approach the district court or seek legal advice.[2]
- Secure evidence: Photos, witnesses and written notes are important.
- Contact the landlord: Request a written statement and cessation of unauthorized entry.
- Court action: Consider filing a claim at the competent district court if necessary.
Step-by-step Guide
- Document the incident immediately: date, time, involved persons and take photos.
- Contact the landlord in writing and demand an explanation and future notices.
- Set a reasonable deadline for a response, e.g. 7–14 days.
- If no solution follows, consider informing the district court or obtaining legal advice.
Frequently Asked Questions
- Can the landlord enter the apartment without notice?
- No, except in acute emergencies like a burst pipe or fire. For other interventions, notice or consent is required.
- How much notice should a landlord give?
- There is no uniform statutory period for all cases, but at least 24 hours is customary for planned work.
- What can I do if tradespeople damage something without permission?
- Document the damage, request a written statement and report the incident to the court if necessary.
How-To
- First note all details of the entry and collect evidence.
- Send a formal written request to the landlord with a deadline.
- If the landlord does not respond, inform the district court or a legal advisory service.
