Tenant Rights: Maintenance Duty MRG §3 Austria

As a tenant in Austria, it can be frustrating when the landlord does not fulfil their maintenance duty. This text explains in clear language which obligations landlords have under MRG §3, how to document defects and outages, and which steps are possible for an objection or complaint. You will learn which deadlines to observe, which evidence is important, and how to prepare an application or a report to authorities and courts. The aim is to give you practical actions so you can effectively secure your rights without legal jargon. The guidance is aimed at tenants who have problems with repairs, heating, water or similar defects.

What is the maintenance duty?

The maintenance duty obliges the landlord to keep the rented unit maintained so that the rooms remain usable. The basis is the Mietrechtsgesetz (MRG) with rules on maintenance and repair obligations.^[1]

Objection and complaint: steps

1. Check deadlines and determine when they start.
2. Collect photos and evidence of defects.
3. Send a written defect notice to the landlord.
4. Set a reasonable deadline for remedy and keep proof.
5. If there is no response, consider a complaint or lawsuit at the district court.^[2]
6. Consider rent reduction or cost reimbursement if problems are not fixed.

What to do if the landlord refuses or does not respond?

• Document your objection in writing and send it by registered mail.
• Keep all evidence centrally, including date and time.
• Contact advisory centres or tenants' associations.

FAQ

When must the landlord fix defects?

The landlord must fix defects without delay if use or safety is affected; specific deadlines depend on the individual case.

How do I file an objection or complaint?

Collect evidence, send a written defect notice to the landlord and, if necessary, consider legal steps or forms via JustizOnline.^[3]

Can I reduce the rent?

In the case of significant defects, rent reduction may be possible; check the requirements and document the extent and duration of the defect.

How-To

1. Document the defect with date, description and photos.
2. Write a formal defect notice to the landlord and request remedy within a deadline.
3. Set a clear, reasonable deadline and record proof of it.
4. Seek advice from advisory centres or tenants' associations if unsure.
5. Consider legal action at the district court if the landlord does not respond.

Help and Support / Resources

• Mietrechtsgesetz (MRG) on RIS
• Information on courts and procedures on Justiz.gv.at
• Forms and e-Services on JustizOnline

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at: Information on district courts and procedures
3. [3] JustizOnline: Electronic forms and services