Tenant Rights for Leaks and Mold in Austria
Tenants in Austria often face the question of who is responsible for leaks or mold and what rights arise. This text explains in plain language which obligations landlords have, how tenants should report damage and when rent reduction is possible. You will learn which immediate measures are sensible, how to properly document photos and documents and which deadlines must be observed so that claims do not lapse. I also describe how repair orders, access to the apartment and communication can be recorded in writing, and when it is advisable to go to the district court or the conciliation body. The goal is that you as a tenant know your rights and are guided safely through the process.
What to do in case of an acute leak?
Immediate measures help to limit further damage and secure evidence. Inform the landlord immediately in writing and photograph the damage. Record time and circumstances in writing.
- Report the leak to the landlord immediately in writing (email or registered letter).
- Turn off the water supply, avoid power sources and, if necessary, take provisional measures to limit damage.
- Take photos and videos of the damage and the affected area and secure them.
- Document the date and time of the notification and any responses.
Landlord obligations
The landlord is obliged to keep the rental property in a condition appropriate to the contract. If damage occurs due to leaking pipes, roof or plumbing, the landlord must generally arrange for repairs and prevent consequential damage. Quick action is required in case of health risks from mold. Legal bases and interpretations can be found in the tenancy law and relevant case law.[1]
Rent reduction: When possible?
If the usability of the apartment is impaired (e.g. by widespread mold or persistent moisture damage), tenants can claim a rent reduction. The amount and start depend on the extent of the impairment; document the scope and duration precisely and inform the landlord in writing of the intention to reduce rent.
Communication and deadlines
Written communication is important: send defect notices by email with read receipt or by registered mail. Set a reasonable deadline for remedy (e.g. 14 days for acute water damage) and announce the steps you will take if there is no response (e.g. setting a deadline, commissioning a specialist company, rent reduction).
FAQ
- Is the landlord responsible for mold?
- Yes, if mold arises from structural defects or water damage, the landlord is generally obliged to remedy it.[1]
- Can I reduce the rent?
- If living quality is impaired, tenants can claim rent reduction; amount and start depend on extent and duration.
- What to do in case of an acute leak?
- Secure damages, document photos and times, inform the landlord in writing and set a reasonable deadline for repair. If necessary, hire an emergency company and keep receipts.[2]
How-To
- Secure the damage and document thoroughly (photos, videos, date/time).
- Inform the landlord in writing and send a defect notice with a deadline.
- Set a deadline and, if necessary, threaten to commission repairs or commission them yourself after announcement.
- Check rent reduction: justify the amount and claim it in writing, keep receipts.
- In case of dispute: contact the district court or conciliation body and present documents.
