Tenant Template: Maintenance Duty in Austria
As a tenant in Austria you have the right to a habitable flat and prompt repair of defects. This article provides a clear sample letter regarding the landlord's maintenance duty under MRG §3, explains which defects the landlord must fix, what deadlines apply and how to assert your claims in writing. The guide is aimed at tenants without a legal background and shows practical steps: documenting the defect, setting a deadline, delivering the letter and possible further options such as contacting the competent authorities or court action. With the templates and tips you can assert your rights confidently and avoid unnecessary delays. At the end you will find a ready template and advice on sending registered mail.
What is the maintenance duty?
The maintenance duty requires the landlord to keep the rented flat in a usable condition; the legal basis is MRG §3[1]. This includes defects that affect usability, such as heating failure, water damage or dangerous faults. Minor cosmetic repairs may usually be the tenant's responsibility.
When must the landlord repair?
You can ask the landlord in writing; clear deadlines, evidence and a precise defect description are important.
- Set a deadline: give the landlord a clear deadline (e.g. 14 days) to fix the defect.
- Document: collect photos, dates, defect descriptions and witness statements.
- Written request: send the sample letter and request confirmation of receipt.
- If no response: inform the district court or contact the competent authority.[2]
Sample letter
Use this simple template as a starting point. Adjust names, addresses, date and defect description and attach photos.
Sender: [Your name], [Your address]
Recipient: [Landlord name], [Landlord address]
Subject: Request for defect repair (maintenance duty under MRG §3)
Dear Sir or Madam,
I hereby request that you repair the following defect in the apartment [address] within 14 days: [specific defect description]. Please confirm receipt of this letter in writing and state the planned repair date.
I enclose photos and a short documentation as evidence. If the defect is not remedied within the deadline, I reserve the right to take further steps.
Yours sincerely,
[Signature]
Delivery: Send the letter by registered mail or with proof of receipt.[3]
How-To
- Document the defect thoroughly with dates, photos and witness statements.
- Set a clear deadline in the letter and specify the desired remedy.
- Send the sample letter by registered mail or via JustizOnline to prove receipt.
- If the landlord does not respond, inform the district court or the competent authority.
FAQ
- What does MRG §3 regulate?
- MRG §3 sets out the landlord's maintenance duty to ensure the habitability of the rented flat.
- How long is a reasonable deadline?
- The deadline depends on the defect; for urgent cases it can be very short, otherwise 7–14 days are common depending on severity.
- Can I reduce the rent?
- For substantial defects a rent reduction may be possible; clarify scope and amount legally if in doubt.
