Tenant Rights: Heating/Hot Water Issues in Austria

Many tenants in Austria experience temporary heating or hot water outages, especially in transition seasons or due to technical faults. As a tenant you have legal rights, such as the landlords obligation to remedy defects and possibly rent reduction or damages. This article explains when an interruption qualifies as a defect, what obligations the landlord has, how to report disturbances correctly and which deadlines and court steps are possible. Documentation, photos and deadlines are important; also inform yourself about the Tenancy Act^[1] and court procedures at the district court^[2]. Below you will find practical steps, sample wordings and answers to frequent questions.

When is an interruption considered a defect?

An interruption is a defect if the agreed or usual fitness for use of the rented property is impaired. A complete failure of heating during the heating season or lack of hot water that significantly restricts the use of the apartment usually constitutes a defect. The assessment depends on the extent, duration and season.

What should you do as a tenant?

• Report in writing: Inform the landlord immediately in writing (email or registered mail) and describe the defect precisely.
• Document: Take photos, note dates and duration of the disturbance and possible consequences.
• Set a deadline: Give a reasonable deadline for repair and announce possible legal consequences.
• Check rent: Inform yourself about possible rent reduction and calculate your claim.
• In case of acute danger: Contact emergency services or the competent authorities immediately and document all steps.

Landlord rights and obligations

The landlord is obliged to keep the rental property in a usable condition and must remedy defects without delay. Minor repairs can be contractually regulated differently, but major defects are the landlords responsibility. If the landlord does not act, you as a tenant have various legal remedies, from rent reduction to remedy by third parties.

Deadlines and legal remedies

Set a clear deadline for the landlord to remedy the defect. If there is no response, you can consider measures such as rent reduction, involving a mediation body or suing at the district court. For legal steps it is useful to present evidence and communications in an orderly manner.^[2]

FAQ

Does the landlord have to respond immediately if the heating fails?

Yes, the landlord must remedy defects; quick remedy is expected during the heating season. If the landlord does not act, you can consider legal steps.

Can I reduce the rent?

Yes, if the usability is significantly impaired, the rent can be reduced; the amount depends on the severity of the defect.

What to do in case of acute danger (risk of freezing, no hot water for small children)?

Act immediately: inform the landlord, arrange remedy by third parties or emergency services and contact authorities if necessary.

How-To

1. Document the defect: take photos, timestamp and written notes.
2. Inform the landlord in writing: send email or registered letter with defect description.
3. Set a reasonable deadline: name a deadline for repair and announce possible legal consequences.
4. Act in case of danger: arrange remedy by third parties or notify the competent authority.
5. Check rent reduction: calculate claim and apply if appropriate.
6. Court resolution: consider suing at the district court if no solution is provided.

Key Takeaways

• A non-functioning heating system or missing hot water is usually a defect.
• Documentation and timely written notification are crucial for success in disputes.
• Quick action in acute danger protects health and strengthens your legal position.

Help and Support / Resources

• [1] RIS - Legal Information System of the Republic of Austria
• [2] Justiz.gv.at - Information on Courts
• [3] JustizOnline - Electronic Forms and Submissions

1. [1] RIS - Tenancy Act (MRG)
2. [2] Justiz.gv.at - Court Procedures and Competencies