Tenants: Who Pays for a Broken Window in Austria
A broken window unsettles many tenants in Austria. This article explains in clear, practical terms how you should act as a tenant: whom to inform, what duties landlords and tenants have under tenancy law (MRG §3)[1], and which evidence steps make sense. We describe who typically pays for repair or replacement, how to secure the area quickly, and when an insurance company may step in. We avoid complicated legal jargon and provide practical action steps so you can act quickly and correctly. Keep receipts and document damage to avoid later disputes. If needed we also name authorities and courts. At the end you will find practical tips and links.
Who is liable?
In general, the cause determines liability: if the tenant caused the damage through misconduct or negligence, the tenant usually pays. For normal wear and tear or age-related breakage, the landlord is typically responsible for repairs. If the cause is unclear, thorough documentation and an expert opinion can clarify liability.
Typical situations
- The tenant causes damage through negligence (repair) – the tenant usually pays the repair costs.
- Glass breakage due to burglary or vandalism – household or building insurance often covers the costs (pays).
- Age or material fatigue (repair) – the landlord is responsible for maintenance and repair.
- Damage during move-in or move-out – cost allocation often depends on the lease agreement and the specific facts.
First steps for tenants
Follow a clear order: secure the hazard, inform the landlord, document the damage and check for insurance coverage. Collect photos, witness statements and receipts for repair offers so you can prove what happened and what costs arose.
- Inform the landlord in writing (notice) and ask for a prompt response.
- Take dated photos and create a damage record (evidence).
- Secure or mark exposed glass temporarily to prevent injuries (safety).
- Contact insurance and contractors, obtain estimates and keep all receipts (call).
FAQ
- Do I have to replace the broken window immediately as a tenant?
- Not always. If you caused the break through your own fault, you are usually obliged to pay. For ordinary wear and tear or material defects the landlord is responsible.
- Does household insurance cover glass damage?
- Some household insurance policies cover glass damage; check your policy and report the damage to your insurer promptly.
- What if the landlord does not respond?
- Document the defect in writing and set a reasonable repair deadline; if the landlord still does not act, consider legal action at the district court.
How-To
- Secure the hazard area (safety).
- Take photos with dates and prepare a damage record (evidence).
- Notify the landlord in writing and set a deadline for repair (notice).
- Obtain cost estimates and check whether insurance will pay (pay).
- If necessary, seek legal advice or consider court proceedings at the district court (court).
Help and Support
- Tenancy law and statutes (document) – RIS
- Forms and online services for filings (form) – JustizOnline[2]
- Information about courts and procedures (court) – Justice
