Tenant: Who Pays for Negotiation in Austria
As a tenant in Austria you often face negotiations about repairs, cost-sharing or rent reduction. Before a meeting you should know your rights and the landlord's obligations under the MRG, gather evidence and observe deadlines. Prepare photos, invoices and written communication, document defects and note dates for calls or inspections. A clear overview of incurred costs and proposed solutions helps in negotiations and in possible court steps at the district court. If necessary, use official forms and legal advice. This guide explains who typically pays, which evidence is important and what practical steps tenants in Austria can take to protect their interests.
Who bears the costs in negotiations?
Whether landlord or tenant pays depends on the defect, the cause and the Mietrechtsgesetz. In many cases the landlord is responsible for essential repairs; minor maintenance can be the tenant's duty according to agreement. Check written clauses in the lease and the MRG, and collect proof of damage and costs.[1]
- Photos of damage with timestamps as evidence.
- Correspondence with the landlord by e‑mail or letter.
- Invoices, estimates and receipts.
- Logs of on-site appointments and witness statements.
Documentation strengthens your negotiation position.
What does the MRG regulate?
The Mietrechtsgesetz (MRG) defines which repairs and maintenance the landlord must bear and which tasks the tenant may have to perform. Check the provisions on preservation and repair obligations to assess your claims correctly.
The MRG sets out basic duties of landlords and tenants.
Practical steps before the negotiation
- Inform the landlord in writing and request a short repair deadline.
- Set clear deadlines and document the deadline notices.
- Present estimates and invoices if you propose a cost split.
- For urgent hazards: arrange temporary measures and keep receipts.
Respond promptly to legal letters to avoid missing deadlines.
FAQ
- Who pays repairs before the negotiation?
- Generally the landlord bears necessary repairs; exceptions are minor tenant-maintenance items; check MRG §3.[1]
- What if the landlord does not respond?
- Then you can set deadlines, have repairs carried out on your behalf, or involve the district court.[2]
- Which forms do I need for a lawsuit?
- For court actions use the JustizOnline forms and file claims with the competent district court.[3]
How-To
- Gather photos, messages, invoices and all evidence.
- Notify the landlord in writing and request a repair deadline.
- If no response: prepare a formal demand or a claim.
- File documents with the district court or use mediation if available.
Key Takeaways
- Landlords are usually responsible for significant repairs.
- Good documentation strengthens your negotiating position.
- Watch deadlines and respond quickly to correspondence.
Help and Support
- [1] RIS – Legal Information System of the Federal Government
- [2] Justice – Information about Courts
- [3] JustizOnline – E‑Forms
