Tenant Rights & Fundamental Rights in Austria: Common Mistakes
Tenants in Austria often face complex questions about their fundamental rights under the Tenancy Law (MRG).[1] Common mistakes arise from missing documentation, late responses to notices, or unclear agreements on repairs and operating costs. This article explains in plain language which rights tenants have, which deadlines apply, and how to avoid typical errors. I describe practical steps for securing evidence, handling rent increases correctly, and communicating with property management. I also show when legal action at the district court is appropriate[2] and which official forms are available on JustizOnline[3]. The goal is to make tenants more confident and to resolve conflicts early.
Common mistakes
Many problems come from small oversights. In everyday life, missing proof, ignored deadlines and unclear agreements often disadvantage tenants.
- Missing evidence for defects or communications, e.g. no photos or emails.
- Failure to meet deadlines for responses to terminations or reminders.
- Repairs are not reported in time or are documented incorrectly.
- Unclear consent to rent increases or billing of operating costs without verification.
- Unclear rules about access and privacy, e.g. unauthorized entry by the landlord.
Under the MRG, tenants have basic protections against arbitrary actions.
Concrete steps
Securing evidence
Documentation is essential: note date, time and circumstances of each incident and save invoices, photos and messages as evidence.
- Photograph defects with date and location.
- Keep emails, texts and receipts and make copies.
- Send defect reports in writing and request confirmation.
Keep copies of important letters and receipts in a safe place.
Repairs and defects
Notify the landlord immediately in writing and set a reasonable deadline for remedy. For acute hazards (e.g. water damage) act promptly and document measures taken.
- Describe defects precisely and reference photos or invoices as proof.
- Set a clear deadline for repair and note it down.
In most cases tenants are entitled to basic habitability standards and timely repairs.
Termination, deadlines and response
Read termination notices carefully and respond within the stated deadlines. Missing deadlines can lead to loss of important rights.
Respond to termination notices promptly to avoid losing your rights.
Legal steps
If negotiations fail, legal action at the district court may be appropriate. Official forms and filings are available via JustizOnline or consult legal representation.
- File claims at the competent district court if out-of-court solutions fail.
- Use official JustizOnline forms for court filings.
FAQ
- What should I do if heating or water fails?
- Report the defect immediately in writing, document damage with photos and set a reasonable deadline for remediation.
- Can the landlord increase the rent without my consent?
- A rent increase must be legally justified and comply with the MRG; check any statement in writing and seek advice if uncertain.
- What deadlines apply to a termination?
- Termination deadlines depend on the contract and legal grounds; act quickly and check whether contestation or complaint is possible.
How-To
- Collect all evidence: photos, emails, receipts.
- Inform the landlord in writing and request confirmation.
- Set a reasonable deadline for remediation and document deadlines and responses.
- If unresolved, consider court action or use JustizOnline forms.
