Tenant Rights: Who Pays for Heating Failure in Austria

As a tenant in Austria, a sudden heating failure can quickly become a burden. In this article we clearly explain the steps you should take immediately, which obligations landlords have, how rent reduction or replacement heating works and when you should seek legal help. The guidance is based on Austrian tenancy law and practice so you can recognise and enforce your rights as a tenant. We avoid legal jargon and provide practical wording, deadlines and examples so you can decide more confidently whether to formally notify the landlord, arrange a temporary heating solution or claim a rent reduction. At the end you will find a short how-to, templates for written notices and links to official sites for laws and forms.

What to do in case of heating failure?

A heating failure can have different causes. It is important to act quickly and systematically: document, contact the landlord, set deadlines and, if necessary, organize replacement heating. Generally the landlord is responsible for a functioning heating system unless the contract states otherwise. Relevant legal provisions can be found in the Mietrechtsgesetz (MRG)^[1].

Immediate measures

• Inform the landlord or property manager immediately (in writing, contact).
• Document photos, temperature readings and date/time (evidence).
• Keep receipts for additional costs (e.g. hotel, electric heaters) in case you must pay temporarily.
• Have any immediate safety risks checked and, if necessary, arrange for technical intervention (repair).

Rights and obligations

The landlord must keep the apartment in a usable condition. In case of a prolonged heating failure, the tenant may claim a rent reduction or demand replacement heating at the landlord's expense if the landlord does not respond in time. Set a reasonable deadline for remedying the defect and document communications in writing.

Rent reduction and replacement heating

• Rent reduction: Check whether usability is significantly impaired; the amount depends on the extent of the impairment.
• Written request with deadline: Clearly state by when the repair must be carried out (notice/form).
• Replacement heating: If necessary, you can organise a replacement heater and claim costs back if the landlord does not act.

If disputes arise

If no amicable agreement is reached, the matter can be brought before the district court; higher courts decide on appeal. Before filing a lawsuit, have all documents, photos and written reminders ready.

FAQ

Who pays for the repair?

Typically the landlord, as they must maintain the heating system, unless the fault was caused by the tenant.

Can I reduce the rent?

Yes, a rent reduction is possible for significant impairment; the amount depends on the extent and duration of the outage.

Who covers the costs for a replacement heater?

If the landlord does not act in time, you can initially cover the costs yourself and later claim them from the landlord if you acted and documented correctly.

How-To

1. Document temperature, photos and the date precisely.
2. Write a formal defect notice to the landlord with a deadline (notice/form).
3. Wait for the set deadline and demand repair if necessary.
4. If no solution occurs, consider rent reduction or legal steps and contact advice services.

Help and Support / Resources

• RIS - Mietrechtsgesetz (MRG) and legislation
• Justiz - information on courts and procedures
• JustizOnline - forms and e-services

1. [1] RIS - Rechtsinformationssystem
2. [2] JustizOnline - e-Formulare