When to Use Evidence & Witnesses for Tenants in Austria
As a tenant in Austria, it can be important to know when evidence or witnesses make sense. Whether in the event of heating failure, mold, unperformed repairs or a looming eviction: well-documented photos, correspondence and independent witness statements strengthen your position when talking with the landlord or in court. This guide explains simply and concretely which pieces of evidence are helpful, how to record witness statements and which deadlines and institutions in Austria are relevant. At the end you will find practical steps, sample actions and advice on official routes such as district courts and JustizOnline so that you can represent your rights as a tenant securely and calmly.
Which evidence is useful?
The clearer and more timely the documentation, the better. Collect different types of evidence so that statements do not rely on a single source.
- Take photos of damage (photo) and note the date.
- Save correspondence: emails, letters and SMS as PDFs.
- Keep receipts and invoices, for example for repairs or material purchases.
- Prepare handover or defect reports and have them confirmed by the landlord.
Witnesses: When and how they help
Independent witness statements are particularly helpful in disputed conditions or when the landlord denies repairs. Ask neighbors, technicians or caretakers to provide short written statements with date and contact details. Note when a witness observed something and whether they are willing to appear in court.
Form and security
Have witness statements prepared in writing and signed if possible. If that is not possible, make an audio recording with consent and note the date and circumstances of the statement.
Deadlines, courts and formal steps
Act quickly: some claims or pieces of evidence lose value over time. For legal steps the district court is usually responsible; for statutory texts such as the Mietrechtsgesetz (MRG) use official sources.[1] For court procedures and forms use JustizOnline.[2]
- Report defects immediately and set a deadline for remedy (record deadlines).
- Be clear in correspondence: include date, time and exact description of the defect.
- In case of escalation: consider filing at the competent district court.
Immediate measures: step-by-step
- Create photos and videos (photo) and check the date stamps.
- Sort correspondence: defect notice, responses, deadlines.
- Briefly question witnesses in writing and note their statements.
- Document deadlines and confirm appointments in writing.
FAQ
- Do I always need a witness to succeed?
- No. Good photos, clear documentation and correspondence can be sufficient, but an independent witness often strengthens credibility.
- How long should I keep records?
- Keep important records at least as long as a possible legal dispute might last; in practice often 3 to 7 years for billing issues.
- Can I collect witness statements in writing beforehand?
- Yes. Have statements made with date, location and signature; this is more usable in court than only oral recollections.
How-To
- Check photos and videos and make copies.
- Sort correspondence: defect notice, responses, deadlines.
- Briefly question witnesses in writing and note their statements.
- If necessary, submit documents to the district court or seek advice.
- Compile all documents in one folder and store securely.
Key takeaways
- Early documentation preserves evidence and avoids later disputes.
- Multiple evidence types (photo, written, witness) are strongest.
- Watch deadlines and act promptly.
Help and Support / Resources
- [1] RIS: Mietrechtsgesetz (MRG) and legal texts
- [2] Justiz.gv.at: information on courts and procedures
- [3] JustizOnline: forms and e‑services
