Tenant Rights: Who Pays for Heating/Hot Water in Austria
What does the law say?
Under Austrian tenancy law (MRG) the landlord generally has the obligation to maintain the property.[1] This means the landlord must ensure working heating and hot water when this is part of the lease or usual use. Provisions on dealing with defects, notification duties and possible rent reductions are found in the law and relevant case law.
What to do in case of a malfunction?
Act in a structured way: report, document and set deadlines. Short-term solutions may be necessary, but the legal situation should be clarified for the long term.
- Inform the landlord immediately and set a deadline (deadline) for repair.
- Collect photos and evidence (evidence) with dates and times.
- If necessary, arrange an emergency measure and document costs (repair).
- Consider or apply a rent reduction (rent) if there is a significant impairment.
- If inactivity continues, seek legal advice or contact the district court (court).
Deadlines and tenant rights
The landlord must remedy defects within a reasonable time; for dangerous conditions shorter deadlines apply. Tenants should set a clear deadline for the landlord and avoid allowing extensions where possible. A rent reduction is possible but typically starts only from the point when the landlord failed to respond.[1]
FAQ
- Who pays for the heating repair?
- Generally, the landlord is responsible for necessary maintenance and repairs. The tenant may have to pay only if the lease says so or if they arranged emergency measures themselves.
- Can I reduce the rent?
- Yes, for significant impairments like prolonged heating failure a rent reduction may be possible; amount and start depend on severity and duration.
- How do I report the defect correctly?
- Report defects in writing, set a deadline, secure evidence and, if possible, send by registered mail or proof of delivery.
How-To
- Report the defect in writing and state a clear deadline (deadline) for repair.
- Document photos and dates (evidence); record temperature readings or meter readings.
- Respond within the set deadline; if necessary avoid extending the deadline.
- If repairs do not occur, calculate and claim a rent reduction (rent) or withhold payment only after legal advice.
- Contact advisory services or a lawyer and, if needed, call the district court (court).
Help and Support / Resources
- RIS – Mietrechtsgesetz (MRG) law text
- JustizOnline – forms and service
- Justiz – information on procedures