Tenants: Repair Duties in Austria
Tenants in Austria often face questions when a flat shows defects or repairs are needed. This guide explains in plain language which maintenance duties are set out by the lease and MRG §3, who bears which costs and which deadlines apply. You will learn how to document defects correctly, how a formal defect notice should look and which steps are possible if the landlord does not respond — from setting a deadline to performing repairs or filing a claim at the district court. The explanation avoids legal jargon and gives practical tips so you can enforce your tenant rights in Austria confidently and calmly.
Maintenance duties and who pays
In many cases the landlord bears the cost for maintenance and larger repairs; this is regulated by the Mietrechtsgesetz and supplemented by the ABGB [1]. Minor repairs can be assigned to tenants by contract if clearly stated. Find out which defects affect habitability and which measures the landlord must take promptly.In most cases landlords are responsible for upkeep of the dwelling.
What to do immediately
- Document defects (document, photo): Secure photos, dates and precise descriptions.
- Inform the landlord in writing (notice, file a complaint): Report defects by email or registered mail and prove receipt.
- Set a deadline (deadline): Specify a reasonable deadline for remedy and record it.
- Do small repairs yourself? (repair): Only if contractually permitted and costs are clearly regulated.
Keep all invoices and photos as evidence.
Concrete steps for urgent defects
If there is a health or safety risk, act immediately and call external help if necessary; for less urgent defects follow the documented procedure: document, inform, set a deadline. If the landlord does not react, you may consider self-remedy or judicial clarification [2].Respond to notices within deadlines to avoid losing rights.
FAQ
- Who pays for repairs in the rental unit?
- Usually the landlord is responsible for major maintenance works; tenants may bear minor repairs if clearly agreed in the lease. If in doubt, check the lease and the MRG [1].
- How long is a reasonable deadline for fixing a defect?
- A reasonable deadline depends on the type and severity of the defect; often 7–30 days are common, and immediate action is required in case of danger. Courts decide on a case-by-case basis [2].
- Can I hire a tradesperson myself?
- Only if the landlord does not react and the situation is urgent or if the lease allows self-remedy; keep all receipts and inform the landlord beforehand if possible [3].
How-To
- Document the defect (document): Take photos, note dates and precise descriptions.
- Send a written defect notice to the landlord (notice): By email or registered letter with a deadline.
- Set a deadline and prove receipt (deadline): Document delivery and the deadline.
- If there is no response consider self-remedy or court action (court): Seek advice and possibly initiate legal steps.
