Tenant Rights for Noise in Austria

Many tenants in Austria experience disturbing or excessive noise and wonder who pays for remedies or damages. This text explains clearly and practically what rights tenants have, which obligations landlords have under MRG §3 and when neighbors or the landlord can be held liable. You will learn how to document noise, which deadlines and forms are important, when a repair or rent reduction is possible and how to prepare legal steps. The guide is aimed at tenants without legal knowledge and offers concrete actions to resolve conflicts with landlords or neighbors in Austria or to follow them up in court. We also explain when rent reduction, compensation or a judicial termination of the lease may be considered, and give tips for communication with the landlord.

What to do about noise?

Rely quickly on clear documentation and communication. Accurate records help to assert your claims and show whether it is a persistent impairment.

• Record noise: note date, time, duration and type of disturbance.
• Secure evidence: collect audio, photo or video recordings and witness statements.
• Inform the landlord in writing: describe the facts, state a deadline for remedy and the desired solution.
• Set a deadline: specify and document a reasonable period for remedying the defect.

Who pays for repairs or remedy?

In principle, the landlord has obligations to maintain the rental property and to remedy defects under MRG §3 ^[1]. If noise results from structural defects (e.g. inadequate soundproofing) or installations, the landlord can take measures and may bear the costs. If the noise comes from neighbors, the landlord must act when he becomes aware of the disturbance and a reasonable solution is possible. In some cases, tenants can claim rent reduction or compensation if the usability of the apartment is significantly impaired.

FAQ

Can I reduce the rent because of noise?

Under certain conditions, yes. You must document the defect, give the landlord a deadline to remedy it and the impairment must be significant.

Does the landlord have to pay for noise from neighbors?

The landlord must take action if he becomes aware of the disturbance and remedy is possible; direct payments only occur for justified liability reasons or by court order.

What deadlines apply before I go to court?

First give the landlord a reasonable deadline to remedy the situation; if no agreement is reached, legal action up to the district court is possible and should be well documented ^[2].

How-To

1. Create documentation: records, photos and witness names.
2. Send a written request to the landlord: state the problem, deadline and desired remedy.
3. Wait for the deadline and plan next steps: consider rent reduction, compensation or court action.
4. If no solution: prepare legal steps and, if necessary, file a claim at the competent district court.

Help and Support / Resources

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

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