Tenant Rights: Noise Complaint in Austria

Many tenants in Austria experience nighttime or recurring noise that affects living conditions, sleep and health. As a tenant you have rights: you can document the noise, inform the landlord or building management, and if necessary file a formal complaint or objection against disturbing behavior. This guide explains step by step how to report disturbing noise correctly, which evidence (logs, audio recordings, photos) is important, which deadlines must be observed and when court action before the district court may be appropriate. If noise also affects habitability or necessary repairs, landlord obligations under the MRG may also apply. The language is intentionally simple so tenants in Austria can assert their rights confidently.

What counts as disturbing noise?

Disturbing noise can be single loud events or recurring burdens: loud music, persistent construction noise outside agreed hours, nighttime parties or continuous hammering. Key factors are scope, frequency, time of day and impairment of residential use. Note date, time and duration of each disturbance because these details help in a later complaint.

Steps: Complaint and Objection

1. Contact: First speak politely with the neighbor or source and try to find an amicable solution.
2. Written complaint to landlord or management: Explain the situation, list dates and request remediation.
3. Evidence gathering: Keep a noise log, make audio recordings and photos, and save all communications.
4. Observe deadlines: Respond promptly and give management a reasonable timeframe to remedy the issue.
5. Court action: If landlord or neighbors fail to resolve the issue, filing a claim at the district court is possible.

If noise is caused by technical defects (e.g. faulty heating or ventilation), the landlord often has maintenance obligations; in that case also issue a defect notice and request repair.

Organize evidence effectively

Use clear timestamps and keep copies of messages. Create an organized file with noise logs, date/time records, witness statements and all letters to the landlord or management. Secure electronic files and keep backups.

FAQ

Can I reduce the rent if ongoing noise restricts residential use?

Under certain conditions a rent reduction is possible if living quality is significantly impaired; assess each case with detailed documentation and legal advice.

Do I always have to talk to the neighbor first?

It is advisable to seek a conversation first; often that is sufficient. If disturbances repeat, inform the landlord in writing and set deadlines.

Where do I turn if building management does not respond?

If management does not respond, consider filing a complaint at the district court or pursuing legal action; document all prior attempts to resolve the issue.

How-To

1. Step 1: Immediately keep a noise log with date, time and brief description.
2. Step 2: Talk to the source in person or by phone, with witnesses if possible.
3. Step 3: Send a written complaint to landlord or management and demand remediation within a deadline.
4. Step 4: Wait for the set deadline and document all responses.
5. Step 5: If disturbances continue, file a claim at the competent district court.

Key Takeaways

• Documentation is the basis of any successful complaint.
• Written complaints to the landlord should include deadlines for remedy.
• If disturbances persist, legal action before the district court may be necessary.

Help and Support / Resources

• Mietrechtsgesetz (MRG) on RIS
• Justice: Information about courts
• JustizOnline: Forms and e‑Services

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justice: Courts and procedures