Who Pays for Repairs? Tenant Rights in Austria
As a tenant in Austria, it is important to know who is responsible for repairs and maintenance and what rights apply in disputes. This practical guide explains the duties under MRG §3[1], when the landlord must pay, which minor repairs are often the tenant's responsibility and how to act in cases of mold, heating failure or water damage. I describe which evidence is useful, how to meet deadlines, what legal protection options exist and when a trip to the district court may be necessary. Read on for practical checklists and sample forms.
What tenants in Austria need to know
Basically, tenancy law distinguishes between maintenance work the landlord must bear and minor repairs that can be transferred to the tenant in the lease. It is important to report defects in writing, set deadlines and document all communication. This way you keep claims and obligations under control.
- Landlord duties: major repairs are usually borne by the landlord.
- Minor repairs: check the lease for assumed responsibilities.
- Deadlines: report defects immediately and set a reasonable deadline for remedy.
- Documentation: collect photos, dates, written reports and cost estimates.
- Legal protection: check coverage, deductible and whether mediation is useful.
In emergencies like burst pipes or heating failure, act immediately and, if necessary, call a professional. For persistent or disputed defects, proceedings at the district court may be required.[2]
Rights, obligations and common disputes
Typical cases include mold from leaking windows, winter heating failure or water damage. First check whether the defect impairs the usability of the apartment. In urgent, immediately necessary repairs you may act yourself, but estimate costs in advance and keep receipts.
FAQ
- Who pays for mold removal?
- If mold is due to structural defects or external moisture, the landlord generally bears the costs; if caused by tenant behavior, the tenant may be liable.
- Can I reduce the rent?
- If the habitability is significantly impaired, a rent reduction may be possible; the extent depends on the severity and should be documented.
- What to do if the landlord does not set a repair appointment?
- Set a written deadline to remedy the defect, document delivery and then consider legal protection or court action.
How-To
- Document the defect immediately with photos, date and a short description.
- Notify the landlord in writing and set a reasonable deadline for repair.
- Secure responses and deadlines so that appointments and delays are provable.
- Check legal protection and costs: see if your legal expenses insurance applies or which costs are covered.
- If necessary, prepare documents for proceedings at the district court.
Key Takeaways
- Thorough documentation strengthens your position in disputes.
- Observe deadlines: respond promptly to letters and appointments.
Help and Support
- Forms and electronic filing (JustizOnline)
- Mietrechtsgesetz (MRG) in the Legal Information System (RIS)
- Court information and contacts (Justiz)
