Tenant Rights for Mold & Leaks in Austria
As a tenant in Austria, leaks and mold can cause serious health and habitability problems. This practical guide explains in plain language what rights and obligations tenants and landlords have, how to document damage, report defects on time, and formally file objections or complaints. We describe what a proper repair request should include, which evidence is helpful, and which deadlines to observe. The advice is based on landlord repair duties under the Mietrechtsgesetz and on typical steps before court resolution. You will receive clear, actionable steps to make your apartment dry, safe and habitable again. If needed, we also show sample complaint texts and tips for meeting deadlines.
What to do with a leak or mold?
Act quickly: document the damage with photos and notes, secure evidence and inform the landlord in writing. Record dates and times of discovery and every contact. Set a reasonable deadline for repair.
- Take photos and videos immediately (photo, evidence) of leaks, damp walls and mold.
- Stop the source if possible (repair), e.g. shut off water or check fuses.
- Notify the landlord in writing and request repair within a concrete timeframe (notice).
- Document every contact by email, SMS or phone note (contact).
Formal complaint and objection
If the landlord does not act promptly, send a formal complaint or objection by registered mail with a detailed defect description and a deadline for repair. Keep copies of all letters, photos and invoices. For health-hazardous mold, demand immediate remediation. The Mietrechtsgesetz outlines repair duties[1] and court clarification is handled by the competent district court[2].
- Write a formal defect notice including date, defect details and a clear deadline (notice, file).
- Attach photos and logs as evidence (photo, evidence).
- If necessary, prepare documents for legal enforcement (court).
FAQ
- Who pays for repairs?
- In general, the landlord is responsible for necessary repairs; tenants must report defects promptly and give the landlord an opportunity to fix them.
- What deadlines apply for repairs?
- There is no single statutory deadline; timing depends on the defect. Urgent issues should be reported immediately, otherwise reasonable repair deadlines apply.
- Can I reduce the rent?
- If the habitability of the apartment is significantly impaired, a rent reduction may be possible, but it should be legally reviewed and documented.
How-To
- Document the damage immediately with date, photos and a short description (evidence).
- Report the defect in writing to the landlord and set a clear deadline (notice).
- Wait for the deadline and collect all replies and scheduled appointments (deadline, time).
- If no solution is provided, prepare a formal complaint and consider legal action at court (court).
- Seek tenant advice or legal assistance if needed (contact).
Help and Support
- [1] RIS: Austrian Legal Information System
- [2] Justice: Court and procedure information
- [3] JustizOnline: Electronic forms and submissions