Tenant Rights: Noise Disturbance Deadlines in Austria
Many tenants in Austria are not fully aware of the deadlines that apply when excessive noise causes disturbance. This article explains in clear language which legal steps are possible, how quickly you should act and which pieces of evidence are important. I describe when it makes sense to complain to the landlord, how to report defects and which deadlines tenancy law provides. You will also learn how to document noisy neighbours, how formal letters should look and when a court can be called upon. The goal is that, as a tenant, you can assert your rights in Austria confidently and clearly.
What counts as a disturbance?
A disturbance exists when normal expected residential use is significantly impaired, for example continuous loud music, construction noise outside agreed hours or repeated breaches of quiet hours. Whether a disturbance constitutes a rental defect depends on duration, intensity and cause; legal bases can be found in the Mietrechtsgesetz (MRG).[1]
Deadlines and practical steps
Immediate measures (short term)
- Note the date and time of each disturbance and keep a noise log.
- If possible, make audio recordings or short videos as evidence.
- First try talking to the person responsible or inform the landlord orally.
Written complaint and deadlines
If personal talks do not help, send a written defect notice to the landlord with date, description and a request for remedy within a clear deadline (e.g. 14 days). State that you will consider further steps if there is no response, and keep a copy.
If the landlord does not respond
- For persistently reduced habitability, a rent reduction may be considered if the defect is provable.
- If the landlord remains inactive, you can take legal action; district court (Bezirksgericht) is often competent.[2]
- In court your documents, logs and possible witness statements are decisive.
For legal assessment, strict compliance with formal deadlines is important: some claims expire if not pursued timely. In complex cases, seek legal advice.
FAQ
- When is noise a rental defect?
- When the usability of the apartment is substantially restricted and the noise is not merely occasional, it can be a rental defect.
- What deadline should I give the landlord?
- Typically 7 to 14 days for remedy are common; in acute cases a shorter deadline may be appropriate.
- What evidence helps in court?
- Noise logs, audio or video recordings, witness statements and written complaints are important evidence.
How-To
- Keep a noise log with date, time and description of the disturbance.
- Secure evidence such as recordings and ask witnesses for written statements.
- Send a formal defect notice to the landlord and set a deadline for remedy.
- If the landlord does not respond, prepare documents for a potential claim at the district court.[2]
