Tenant Rights for Housing & Care in Austria
What obligations do landlords and tenants have?
Basic maintenance and repair duties are regulated in tenancy law; for existing tenancies, MRG §3 is particularly relevant[1]. Landlords must keep the apartment in a usable condition. Tenants should report and document defects early so that rights like rent reduction or remedies can later be enforced.
- Secure evidence (evidence): collect photos, dates, witnesses and written documentation.
- Report defects (repair): notify the landlord in writing and describe the damage precisely.
- Set deadlines (deadline): request repairs and set a reasonable deadline.
- Follow up in writing (file): send reminders by registered mail or with confirmation of receipt.
- Consider court action (court): if no solution is reached, consider proceedings at the district court.
- Seek advice (help): contact tenant associations or free legal advice services.
What to do if the landlord does not respond?
If the landlord does not respond or defects are not remedied, tenants may in certain cases reduce rent, demand repairs by third parties, or claim damages. Before taking such steps: gather evidence, demand fixes in writing and set deadlines. Central services and necessary forms are available online[2]. Also seek legal advice early if deadlines pass or the situation escalates.
Particulars for assisted living arrangements
Assisted living often includes additional contractual rules on services, house rules, or common areas. Clarify in the contract who is responsible for technical systems or care staff. If services are missing or living quality is impaired, the same documentation and reporting duties apply as in regular tenancies.
FAQ
- Who is responsible for repairs?
- As a rule, the landlord is responsible for maintaining the apartment; exceptions can be contractually agreed.
- How do I report a defect correctly?
- Describe the defect in writing, attach photos and set a reasonable deadline for remediation.
- Can I withhold rent?
- Withholding rent is only possible in narrow, legally regulated cases; obtain legal advice before stopping payments.
How-To
- Gather evidence (evidence): photos, dates, written notes and witnesses.
- Notify in writing (file): send a defect notice to the landlord with a deadline.
- Set a deadline (deadline): give a clear timeframe for repair.
- Seek advice (help): contact tenant associations or free legal advice.
- Prepare court action (court): file documents with the district court if necessary.
