Who Pays for Lease Renewal or Termination in Austria

As a tenant in Austria, you often face questions: Who covers costs when a lease is renewed or terminated? This concerns both ongoing repairs and one-off costs at move-out. In this text I explain in a clear, accessible style which obligations landlords and tenants have, how the Tenancy Law (MRG) applies to repairs and which deadlines and proofs are important. You will receive practical steps for communicating with property management, tips for securing evidence and information on when legal steps may be appropriate. I also explain how to check the deposit, possible deductions and the landlord's preservation duty, and when a rent reduction might be considered.

Who is liable on renewal or termination of the tenancy?

On renewal or termination two matters are decisive: the preservation obligation during the tenancy and costs at move-out. The MRG provides that landlords are generally responsible for maintaining the apartment, except for minor repairs assigned to the tenant by agreement^[1]. On termination it must be clarified whether renovation or damage repair costs are the tenant's responsibility or are considered normal wear and tear.

Typical cost allocation

• Landlord: major repairs to heating, water and electrical systems as well as structural defects.
• Tenant: costs for damage caused by the tenant that exceed normal wear and tear.
• Deadlines: notice periods and dates for handover must be observed.
• Keys and access: returning keys and agreed handover protocols are important.

If it is unclear whether damage counts as normal wear, a handover protocol and written communication are recommended. Keep invoices and photos so that claims can be demonstrated transparently.

Repairs during the tenancy (MRG §3)

The landlord's preservation duty concerns basic habitability: heating, water, electricity and load-bearing elements. Minor repairs that occur in normal use can be assigned to the tenant in the lease — such clauses are only permissible up to a legally usual limit. Check your contract and, if necessary, refer to the MRG^[1].

What to do in case of dispute or unclear claims?

Proceed as follows: First, communicate in writing with the landlord and request deadlines or cost explanations. Second, collect evidence (photos, invoices, expert reports). Third, if no agreement is possible, the path can lead to the district court and possibly to a conciliation body. Forms and judicial terminations are handled via the official portals^[2].

FAQ

Who pays for heating repairs?

Normally the landlord, unless the damage was caused intentionally or through gross negligence by the tenant.

Can the landlord keep the deposit for normal wear?

No. Deductions cannot be made for normal wear; only for damage that goes beyond usual wear and tear.

Which deadlines apply for notice and handover?

Notice periods are set out in the lease or the MRG; the handover should be documented and scheduled to avoid later disputes.

How-To

1. Document defects immediately with photos and dates and send a written defect notification to the landlord.
2. Collect evidence: invoices, emails and handover protocols as proof.
3. Maintain timely communication; if necessary, use official forms via JustizOnline or seek legal advice.
4. For entrenched cases: file a claim at the district court or involve conciliation bodies.

Help and Support / Resources

• [1] RIS: Legal Information System of the Federal Government
• [2] Justice: Information on courts and procedures
• [3] JustizOnline: Electronic forms and filings

1. [1] RIS: Tenancy Law (MRG) and legal texts
2. [2] Justice: Court information and procedures
3. [3] JustizOnline: Electronic forms