Tenant Rights: Platform Renting in Austria
Many tenants in Austria occasionally rent via online platforms — this raises questions about responsibility, maintenance obligations and repairs. This text explains clearly when platform rentals count as standard tenancy agreements, which obligations landlords have for maintenance and repairs under MRG §3 [1], and which steps tenants can take when defects occur. I describe practical steps for reporting damages, response deadlines and which records you should collect. The aim is to give you as a tenant clear guidance on how to enforce your rights, which deadlines to observe and when legal help may be useful.
When does platform renting apply?
Whether a short-term rental via a platform qualifies as a tenancy under the MRG depends on duration, regularity and the contractual setup. The decisive factor is whether a long-term obligation exists or only a temporary use. For longer-term or recurring transfers, many tenant rights apply just like in classic tenancy contracts, such as the landlord's maintenance obligation under MRG §3 [1].
Landlord maintenance obligations
The landlord is generally obliged to keep the rental property in a usable condition and to carry out necessary repairs. As a tenant, you have rights when heating, water or safety are affected.
- Report the repair to the landlord (repair) and set a reasonable deadline.
- Collect written evidence (record) such as photos, messages and invoices.
- If there is no response, send a written reminder (notice) and document deadlines.
- If problems persist, consider legal action (court) or seek advice.
If immediate action is required (e.g. acute heating or water damage), you should record replacement measures and keep cost receipts to enable reimbursement.
Communication with hosts and platforms
Always report damages in writing via platform messages or by email so there is a traceable record. Platforms often have their own reporting channels; check the terms of service and document dates and content of reports. Setting a short deadline can help speed up resolution.
FAQ
- Does MRG §3 apply to short-term platform rentals?
- It depends on duration and regularity: short, one-off transfers may be assessed differently than recurring rentals; with long-term transfers, tenant rights under MRG §3 apply.
- Who pays for repairs?
- In principle, the landlord bears the costs for maintenance and necessary repairs, provided the damage was not caused by the tenant.
- How quickly must I report defects?
- Defects should be reported immediately; set a reasonable written deadline and document all steps to enforce claims.
How-To
- Document the defect thoroughly (record) with photos and dates.
- Inform the landlord in writing via the platform or by email (notice) and request a repair.
- Set a clear deadline (deadline) for remediation and note it.
- If there is no response, consider legal steps or replacement measures and seek advice (court).
Help and Support / Resources
- [1] RIS - Legal Information System of the Federal Government
- [2] Justice - Information on the Court System
- [3] JustizOnline - Court and administrative e-forms
