Tenant Rights: Leaks and Mold in Austria
Tenants in Austria often face questions when dampness, leaks or mold appear. This piece explains in clear language which obligations landlords have under MRG §3, when you as a tenant must report repairs and which evidence is important. You will learn practical steps to minimize health risks, meet deadlines and enforce claims — including documentation and contact points. The text is aimed at all tenants, whether you rent or sublet. At the end you will find a short guide to action, frequently asked questions and official contact points in Austria. We explain deadlines, who bears costs and how to write legally sound defect notifications.
What does MRG §3 regulate?
MRG §3 stipulates that the apartment must be kept in a contractually appropriate, habitable condition. This particularly concerns remediation of moisture damage and mold as well as necessary maintenance.[1]
Landlord obligations
- Elimination of leaks and mold through proper repairs.
- Ensuring heating, water and ventilation for habitability.
- Regular maintenance and documentation by the landlord.
Tenant obligations
- Report defects immediately in writing so the landlord can take action.
- Allow access for necessary repairs after timely notification.
- Keep photos, dates and a damage log as evidence.
What to do in an acute leak or mold?
- Secure power sources in affected areas and take immediate measures if there is danger.
- Inform the landlord immediately and document the defect in writing.
- Set reasonable deadlines and give the landlord time to remedy the issue.
- If necessary, hire a specialist company at short notice and keep receipts.
- If no solution is reached, filing a complaint at the district court may be appropriate.[2]
FAQ
- Who pays for repairs in case of mold or leaks?
- In principle, the landlord bears the costs if the defect was not caused by the tenant; exceptions may apply in individual cases.
- How quickly must I report a defect?
- Defects should be reported "without delay", i.e. as soon as they are discovered, preferably in writing and with photos.
- Can I repair myself and deduct costs?
- Under narrow conditions and after prior notification, self-remedy may be possible; legal advice is recommended.
How-To
- Secure the danger situation and minimize acute damage.
- Report the defect in writing, by email or registered mail to the landlord.
- Set a deadline for remedy and document deadlines.
- Collect photos, message history and invoices.
- If necessary, file a complaint at the district court or seek legal assistance.[3]
Key Takeaways
- Collect evidence: photos and dates are crucial.
- Observe deadlines: timely reporting protects your rights.
- The landlord is generally responsible for repairs.
Help and Support / Resources
- [1] RIS - Tenancy Law (MRG)
- [2] Justice - Information about Courts
- [3] JustizOnline - Forms and e-Services
