Who Pays for Repairs? Tenant Rights in Austria
As a tenant in Austria you may wonder: Who covers repair costs, what duties follow from MRG §3 and how can necessary repairs be enforced? This guide explains in plain language when the landlord is responsible for maintenance and major repairs, which small repairs typically fall to the tenant and which evidence collection is important. You will receive steps for communicating with the landlord, guidance on deadlines and how to consider legal action if repairs are not carried out. The aim is to give you practical steps and information sources so you can assert your rental rights in Austria more confidently.
Who pays for repairs?
The Mietrechtsgesetz (MRG) governs maintenance obligations; key provisions are in §3 MRG [1]. In practice: landlords pay for structural maintenance and defects that significantly impair the usability of the apartment. Tenants often bear smaller, contractually agreed minor repairs.
- Landlord: renovation of load-bearing walls, heating systems, major pipe breaks and structural defects.
- Landlord: measures to restore habitability after water damage or mold if the cause is not the tenant's responsibility.
- Tenant: minor repairs clearly regulated in the lease (e.g. seals, light bulbs), where permitted.
Minor repairs and agreements
Minor repair clauses are common but must not unfairly shift high costs to the tenant. Watch for per-repair caps and annual limits in the contract. Without a valid agreement, responsibility for major defects remains with the landlord.
- Check the lease for clear wording and monetary limits for minor repairs.
- Document defects with photos, dates and, if possible, witnesses.
Documentation and evidence
Good documentation increases your chances of enforcing claims. Note times, communication with the landlord and cost estimates from tradespeople. Ask for written confirmations or deadlines if repairs are not carried out promptly.
- Photos before and after repairs, written estimates and email exchanges strengthen your position.
- Set a reasonable deadline for the landlord to repair and document that deadline.
Objection, rent reduction and legal steps
If the landlord fails to act despite a deadline, you can consider rent reduction or legal action. District courts are usually competent for these cases; procedural information and forms are available online [2]. Before suing, consider legal advice or mediation.
- Rent reduction: only for significant impairments to usability and after documentation.
- Legal action: file claims at the competent district court; appeals possible.
FAQ
- Who must pay for a broken boiler?
- The landlord generally pays for replacement or major repair of the heating system because it concerns the building's substance.
- Can landlords transfer all repairs to the tenant?
- No, blanket transfers of major maintenance tasks are not permitted; minor repairs are only allowed with clear contractual limits.
- What if the landlord does not respond?
- Set deadlines in writing, document everything, and consider rent reduction, mediation or legal action.
How-To
- Document the defect immediately with photos and the date.
- Give the landlord a written, reasonable deadline to fix the issue.
- Contact the landlord and keep all replies in writing.
- After the deadline, consider rent reduction or legal steps and seek advice.
