Tenant Rights: Repairs & Maintenance in Austria
As a tenant in Austria you often face questions about who is responsible for repairs and keeping the flat in good condition. This practical information sheet explains the main duties under MRG §3 in plain language: which defects the landlord must fix, when you may act yourself, how to report defects correctly and which deadlines apply. You will also learn what rights you have for ongoing defects or damage and how to best organise documentation and communication with the landlord. The guidance helps you avoid disputes, meet deadlines and, if necessary, prepare legal action. If unsure, seek advice in time, for example from tenant protection associations or official bodies.
Who is responsible?
As a tenant the general rule is: the landlord must keep the flat in a usable condition; specific rules are in the Mietrechtsgesetz (MRG) §3[1]. Minor routine tasks can be assigned to tenants if the lease agreement provides for them.
In most cases the landlord is responsible for basic repairs.
Typical landlord duties
- Repair of heating or water damage (repair)
- Removal of mold and serious defects (repair)
- Maintenance of electrical systems and safety (repair)
Typical tenant duties
- Minor repairs up to a contractually agreed limit (move-out)
- Reporting damage and granting access for necessary works (move-out)
How to report defects
Important: report defects in writing as early as possible and set deadlines. Use email or registered mail and document the date and content.
Keep copies of all messages and photos in a safe place.
- Send a written defect notice to the landlord (notice)
- Collect photos and dates of the damage (document)
- Set a written deadline for remedy, e.g. 14 days (deadline)
Deadlines and legal protection
If the landlord does not react, after expiry of set deadlines you may claim a rent reduction or carry out remedial work yourself and deduct costs. Pay attention to deadlines and inform yourself about civil procedures at the competent district court[2].
Only offset costs in advance if you have clear documentation and deadlines.
Documentation and evidence
Good documentation increases your chances in disputes:
- Collect photos, videos and written reports (document)
- Secure witnesses and repair invoices (document)
- Keep cost estimates (payment)
FAQ
- Who pays for repairs in case of a burst pipe?
- Normally the landlord, if the cause is not the tenant's responsibility; check MRG §3[1].
- Can I reduce the rent?
- Yes, a rent reduction is possible for significant impairments; document the defect and deadlines.
- Where can I turn if the landlord does not respond?
- Contact the district court or a tenant association and consider legal action[2].
How-To
- Document the defect with photos and dates (document).
- Send a written defect notice to the landlord and set a deadline (notice).
- Wait for the deadline; note the response or lack thereof (deadline).
- If there is no response: obtain a cost estimate and, if appropriate, carry out remedial work after consultation (payment).
- Consider court action and use JustizOnline for required forms[3].
Help and Support / Resources
- [1] RIS - Legal Information System of the Federal Government
- [2] Justice - Information on Courts
- [3] JustizOnline - Forms and e-Government
