Tenant Rights for Heating Failure in Austria

A heating failure can quickly become uncomfortable and hazardous for tenants in Austria. As affected tenants you should know what rights you have, how to inform the landlord correctly and which deadlines apply. This guide explains in plain language when a rent reduction is possible, what repair obligations the landlord has and which pieces of evidence help. We also show practical steps on how to document defects, set deadlines and what options exist if the landlord does not respond. The aim is to give tenants in Austria concrete steps so you can effectively assert your rights.

What to do in case of heating failure?

Act promptly: Report the failure to the landlord in writing immediately and demand a quick repair. Document date, time and room temperature as well as photos of the radiators or access notes. Legal bases such as the Mietrechtsgesetz (MRG) regulate the duties of landlords and tenants in Austria^[1]. If the failure significantly restricts the usability of the apartment, tenants may consider a rent reduction.

• Report defects in writing (form) and set a reasonable deadline for repair.
• Collect evidence: photos, temperature logs and witness notes (evidence).
• Demand repair and allow access for tradespeople (repair).
• Check rent reduction and document the calculation (rent).
• Contact legal advice or tenant protection organizations if unsure (contact).

Set a clear deadline for the landlord; often 3 to 7 working days suffice for acute failures, depending on the season and severity. If the landlord does not respond, the next options include asserting a rent reduction or arranging an alternative measure if legally permitted.

Rights and rent reduction

Whether and to what extent a rent reduction is possible depends on the extent of the impairment. Minor temperature drops usually do not justify an immediate full reduction; significant impairments can entitle tenants to a partial rent abatement. Documentation and deadlines are decisive: without written notice and a reasonable deadline enforcement may be difficult. In case of escalation tenants can involve the district court; procedures for termination or claim resolution run through the courts in Austria^[2].

FAQ

When can I reduce the rent?

You may reduce the rent if the usability of the apartment is significantly restricted by the heating failure; the amount and start depend on the severity and duration of the defect and on documentation.

How do I report the defect correctly?

Report in writing by email or registered mail to the landlord, state date and time, set a deadline and attach evidence.

Who pays for emergency service or replacement heating?

In principle the landlord is obliged to carry out repairs; in urgent cases a temporary replacement measure may be necessary, and the cost decision depends on the individual case and later court approval.

How-To

1. Send a written defect report to the landlord and set a deadline (deadline).
2. Take photos and create a temperature log (evidence).
3. Wait a reasonable deadline and document reminders (deadline).
4. Consider replacement measures or hire a tradesperson if necessary (repair).
5. Calculate and assert a rent reduction in writing (rent).
6. Consider legal action and possibly involve the district court (court).

Help and Support / Resources

• RIS - Legal Information System of the Federal Government
• Justiz.gv.at - Information on Courts and Procedures
• JustizOnline - Forms and Electronic Filings

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at - Courts and Procedures
3. [3] JustizOnline - Electronic Forms