Tenant Rights: Repairs & Maintenance in Austria
As a tenant in Austria you can rely on clear rules for maintenance and repair duties under the Tenancy Act (MRG §3). This article plainly explains which defects the landlord must fix, when you as a tenant may request repairs, which deadlines apply and how to document damage. You will also learn which steps are possible if repairs are not done — from a formal defect notice to involving the district court. The language is deliberately practical: no legal jargon without explanation. The goal is that you know your rights, meet necessary deadlines and handle potential disputes confidently and securely. You will also find practical templates for defect notices and guidance on when to seek legal help such as contacting the district court.
What does MRG §3 regulate?
The paragraph defines which maintenance and repair duties apply between tenant and landlord and when defects are considered a breach of contract[1].
Practical steps for repairs
Here is how to proceed when something in your flat breaks or usability is reduced.
- Send a written defect notice to the landlord with date and description.
- Set a deadline: clearly state by when the repair should be completed.
- Collect evidence: keep photos, invoices and logs.
- Consider arranging replacement work if urgent repairs are necessary.
- For serious defects it may be possible to withhold rent or reduce it.
If the landlord does not act
If the landlord does not respond you can consider legal steps after the deadline has passed. Documentation is crucial.
If needed, you can involve the district court or seek help from tenant organizations.
Frequently Asked Questions
- Who pays for repair costs?
- In general the landlord is responsible for maintenance duties unless the tenant caused the damage.
- Which deadlines apply for defect repair?
- Deadlines depend on the situation; set a clear deadline in the defect notice, e.g. 14 days.
- Can I reduce my rent?
- Yes, for significant impairments of use a rent reduction may be possible; document scope and duration carefully.
How-To
- Document: photos, date and a short description of the defect.
- Notify in writing: send the defect notice by email or registered mail. Forms are available on JustizOnline.[2]
- Set a deadline: for example 14 days to complete the repair.
- If no action: contact the district court and attach your evidence.
Key Takeaways
- The landlord is usually responsible for basic repairs.
- Documentation is your best protection in disputes.
- Set clear deadlines and respond promptly to replies.
Help and Support / Resources
- RIS - Legal Information System of the Republic
- JustizOnline - Forms and e-Services
- Justice - Information on Courts
