Tenants: Avoid Repayment Claims in Austria
Why repayment claims arise
Repayment claims often occur when landlords seek costs, for example for repairs, subsequent operating costs or corrections of bills; the Mietrechtsgesetz (MRG) governs many cases and is the main legal basis in Austria [1]. Important factors include written lease agreements, documentation of damage and whether the tenant or landlord was responsible for maintenance.
In many cases the evidence decides whether a claim is justified.
Preventive measures: concrete steps
Prevention reduces risk and effort. The following measures help avoid later claims.
- Documentation: Collect photos, invoices and communication (evidence).
- Check receipts: Control rent, deposit and bills carefully (rent).
- Clarify repairs: Record in writing who ordered or paid for repairs (repair).
- Follow formalities: Always send written responses to the landlord and note deadlines (notice).
Keep all receipts and records for at least three years.
What to do when you receive a repayment claim
If you receive a letter, check content, amount and deadline carefully and request an itemised breakdown. Ask for proof and document every communication. Do not refuse to communicate; respond formally and within deadlines.
- Write a response: Submit a written objection and obtain confirmation of receipt (notice).
- Observe deadlines: Check possible objection periods and act within stated timeframes (within).
- Seek advice: Contact tenant associations or legal advisors before making payments (hotline).
- Consider court action: If no agreement is possible, district court proceedings may be necessary.
Do not pay large amounts prematurely without having checked the supporting documents.
FAQ
- Can the landlord issue repayment claims at any time?
- No. Claims must be justified, deadlines and evidentiary duties must be observed; the MRG provides related rules and limits [1].
- Must I pay immediately when the landlord demands it?
- Not without review: Request supporting documents and check your rights; seek legal advice if necessary before paying.
- Where do I apply for judicial clarification?
- In disputed cases the competent district court is usually the first instance; there are online forms at JustizOnline for formal procedures [2].
How-To
- Check the facts: Gather all evidence and photos (evidence).
- Respond in writing: Draft a factual objection and request proof (notice).
- Meet deadlines: Respond within the time limits or set a reasonable deadline yourself (within).
- Get help: Contact a local tenant advice centre or legal representative (hotline).
Help and Support
- RIS - Legal information
- Justice - Court information and procedures
- JustizOnline - forms and submissions
