Tenant Rights and Repair Duties in Austria
As a tenant in Austria, you often face questions about maintenance and repairs in your rental. This clear guide explains your rights under the Tenancy Act (MRG §3)[1], who is responsible for which repairs, and how to report defects correctly. You will learn which deadlines apply, how to collect evidence, and what to do in dangerous cases such as heating failure or mold. The aim is that you, as a tenant, can make confident decisions, address conflicts with the landlord calmly, and prepare legal steps if necessary. We provide practical actions, wording templates for written communication, and pointers to official channels in Austria. For complicated cases, we recommend collecting documents and seeking legal advice, for example via district courts or official RIS sources.
What obligations does the landlord have?
The landlord is generally responsible for maintaining the rental unit. This includes measures that ensure usability, such as a working heating system, sanitary facilities and safe electrical installations. Minor repairs can be contractually assigned to the tenant, but should not be unreasonably costly or contradict provisions of the MRG.
In most cases, the MRG protects tenants' basic living standards.
When must the tenant carry out repairs?
- Minor repairs according to the rental agreement, provided the amount and frequency are reasonable.
- Damages caused by the tenant's own behavior are generally to be remedied by the tenant.
- On move-in and move-out: minor touch-ups or returning keys according to the handover protocol.
Keep handover protocols and photo records from move-in and move-out.
Reporting defects: step-by-step
If you discover a defect, report it in writing and document the time and consequences. State a reasonable deadline for repair and keep all replies. In urgent cases, such as heating failure in winter, act faster and inform the landlord immediately.
Act immediately in case of dangerous defects like heating failure.
Concrete advice for defect notifications
- Describe the defect clearly, with date and location.
- Attach photos or videos as evidence.
- Name a deadline for repair (e.g. 14 days for non-life-threatening defects).
- Note all phone calls (date, contact person, content).
Detailed documentation increases your chances of success in negotiations or court proceedings.
Rights when defects are not remedied
If a defect remains despite a deadline, tenants have different options depending on severity: rent reduction, self-help with cost deduction, or legal action. In case of health hazards (e.g. mold) a rent reduction is often immediately justified. Always check proportionality and document the damage carefully.
FAQ
- Who pays for burst pipes and plumbing repairs?
- Major plumbing repairs are usually paid by the landlord; minor repairs can be borne by the tenant if contractually agreed and reasonable.
- Can I reduce the rent if the heating fails?
- Yes, a rent reduction is possible when the heating fails, especially if the defect lasts several days or makes the dwelling uninhabitable.
- What should I do about recurring mold?
- Document it, report the defect in writing, set a deadline and seek technical and legal help if the issue is not resolved.
How-To
- Document the defect with date, description and photos.
- Send a written defect notice to the landlord with a reasonable deadline.
- Wait for the set deadline and note incoming responses.
- If not remedied, consider rent reduction, self-help or damages claims.
- Prepare documents for a complaint at the district court or legal action.
- Seek support from advisory services or official portals if necessary.
Key Takeaways
- Prompt documentation protects your tenant rights.
- The landlord is responsible for basic habitability.
- Respecting deadlines is crucial for legal measures.
