Tenant Rights in Austria: Objections & Complaints
Many tenants in Austria face decisions when contesting landlord actions through objections or complaints. This guide explains in plain, practical terms what rights the Mietrechtsgesetz (MRG)[1] grants, which deadlines apply and how to prepare a properly formed objection. We also show which supporting documents matter, how to document defects and payment disputes and when court proceedings at the district court are appropriate. The information helps you meet deadlines, gather evidence and present your claims clearly. When needed, we name official bodies and forms so you can plan the next steps with confidence.
When is an objection or complaint appropriate?
An objection or complaint is appropriate when landlords assert evictions, rent increases or withholding of security deposits that you consider unjustified. Examples include unlawful rent increases, unfounded notices of termination or unresolved repairs. First check your tenancy agreement and the type of contract under the MRG or ABGB[2].
In Austria the MRG protects many tenant rights.
Form and deadlines
A properly formed objection is usually written and deadlines are crucial. Short time limits often apply, so act promptly.
- File an objection within four weeks after delivery of a notice of termination or rent increase.
- Immediately check and document deadlines for official or court actions.
- Include a written justification and the date; handwritten or digital signature is common.
Respond within deadlines or you may lose rights.
What must an objection contain?
Your objection should state clearly and briefly what you contest and why. Provide specific facts, dates and evidence.
- Identify the contested letter or decision and state the date.
- Justification with evidence: photos, repair reports, payment receipts.
- Clear request: ask for rescission, repair or repayment.
Keep copies of all documents and receipts.
Evidence and documentation
Good documentation increases your chances of success. Record defects, timing and communication with the landlord.
- Save dated photos and videos of defects.
- Send repair requests to the landlord in writing and document receipt.
- Collect payment receipts, reminders and bank statements.
Detailed documentation improves your chances in negotiations or in court.
If it goes to court
If the matter goes to court, the district court is competent; proceedings follow the Civil Procedure Code (ZPO) and relevant laws[3]. Use available forms and submissions via JustizOnline[4] where possible.
Court outcomes can be uncertain; check evidence and deadlines carefully.
FAQ
- Can I object to a rent increase?
- Yes, if the increase does not comply with legal requirements or is formally defective, you can object.
- Am I liable for damages in the rented property?
- Only for damages you caused; normal wear and tear is the landlord's responsibility.
- Who decides in a dispute about repairs?
- Mediation often helps first; in disputes the district court decides.
How-To
- Step 1: Write the objection in writing with the date and the landlord's address.
- Step 2: Attach evidence such as photos, payment receipts or repair reports.
- Step 3: Check deadlines and send the objection on time by registered mail or electronically.
- Step 4: If disputed, file the documents with the district court and follow court instructions.
Key Takeaways
- Deadlines are critical; act quickly.
- Documentation strengthens your position in disputes.
- Clear, written objections increase chances of success.
