Tenants in Austria: Who Pays for Fixed vs Open Tenancy
As a tenant in Austria you often ask: who pays which costs when a tenancy is open (unlimited) or fixed-term? This practical piece clearly explains the main rules of the MRG, which costs landlords usually bear and which tenants must pay, such as repairs, operating costs, heating costs and the security deposit. I describe deadlines, formal steps in disputes and how to keep records so you are prepared for discussions or court. The guidance is general and helps you avoid common conflicts, recognise your rights and plan sensible next steps when landlords or tenants make claims or defects exist. For concrete cases seek help in good time.
What does the Mietrechtsgesetz (MRG) regulate?
The Mietrechtsgesetz (MRG) sets many basic rules for residential tenancies in Austria, for example which costs are common and which rights tenants have.[1] The specific contract and the type of tenancy (open vs fixed-term) influence how costs are allocated.
Who pays what?
- Rent (Mietzins): Regularly paid by the tenant.
- Operating costs (Betriebskosten): Often borne by the tenant, but only as contractually agreed.
- Deposit (Kaution): The tenant pays the deposit; it is returned after the tenancy ends minus justified claims.
- Small repairs (Kleinreparaturen): Contracts often assign minor repairs to the tenant.
- Major maintenance (Größere Instandhaltung): Usually the landlord's responsibility, especially for building substance and heating systems.
- Notices and documents (Meldungen): Formal communications should be made in writing and observe deadlines.
- Evidence and documentation (Beweise): Photos, invoices and correspondence secure the claims of both parties.
In many cases the MRG clarifies who bears the costs.
Repairs and maintenance
For repairs, a distinction is often made between small, immediately remedied defects and larger restoration works. Small repairs can be assigned to the tenant by contract; significant maintenance is the landlord's responsibility.[1]
Clauses on small repairs must be reasonable and clearly stated in the contract.
Termination and deadlines
Open and fixed-term contracts have different legal consequences regarding termination and deadlines. Deadlines, formal requirements and potential court actions should be checked early; in case of dispute the district court is the first instance.[2]
- Check deadlines: Determine how much time you have to respond.
- Respond in writing: Always document replies and defect notifications.
- Court action: If necessary, resolution can proceed in court.
Respond within set deadlines.
FAQ
- Who pays repairs in an open tenancy?
- Small repairs are often the tenant's responsibility, larger restorations the landlord's; check the contract and the MRG.
- Does the tenant have to pay the deposit?
- Yes, the deposit is common. It secures legitimate claims and must be returned after the tenancy ends, minus allowable deductions.
- What happens when a fixed-term contract ends?
- For fixed-term contracts rights and obligations generally end when the term expires, unless there are specific agreements or legal exceptions.
How-To
- Collect photos and documents: Photograph damages immediately and keep invoices.
- Inform the landlord in writing: Send a defect notice with a deadline.
- Set a deadline: Give a reasonable time to remedy the defect.
- Keep cost records: Keep all receipts and correspondence.
- Seek court help: If no agreement is possible, consider court action.
Help and Support
- RIS - Legal Information System of the Federal Government
- Justiz.gv.at - Information on courts and procedures
- JustizOnline - Forms and e‑services
