No hot water, cold radiators and winter is coming: if the boiler (Therme) fails, things must happen quickly. In many rental apartments in Austria the landlord has been clearly responsible for this since 2015, but regular maintenance often remains your responsibility. Here you will read when the landlord must pay, what you should do immediately and what rights you have if the repair is delayed.
Is your landlord obliged to repair the boiler?
Since 1 January 2015 the upkeep (Erhaltung) of rented heating boilers (Heizthermen), hot-water cylinders (Warmwasserboiler) and other heat-generating appliances in the full application scope of the MRG has explicitly been among the duties of the landlord [S1]. This also applies to tenancy agreements concluded before that date [S2]. Upkeep includes repair and, if necessary, replacement of the appliance [S5].
Also in the partial application scope, for example in many privately financed new buildings, the landlord is responsible for upkeep under the ABGB; in tenancy agreements for flats this duty for rented boilers and cylinders may not be contractually excluded or restricted [S2][S3]. A comparable rule applies to co-operative housing (Genossenschaftswohnungen) [S2].
Two important limitations:
- The appliance must be rented with the property. If you installed the boiler yourself during the tenancy, you are responsible for repair and replacement yourself [S5].
- Full exceptions from the MRG: For flats in single- and two-family houses the upkeep obligation for boilers and cylinders can under certain circumstances be contractually regulated differently [S4]. In this case check your tenancy agreement carefully.
Upkeep is not maintenance
Two duties run in parallel: the landlord bears repair and replacement of the rented boiler [S1]. You take care of the ongoing maintenance of your heating system in the full application scope, i.e. the regular servicing [S6]. Outside the full application scope this is often regulated by the tenancy agreement [S5]. How often a service is due is stated in the appliance’s operating manual; the Chamber of Labour assumes about every two years [S4].
If you omit the prescribed maintenance and damage results, you can be liable for it [S5].
The Chamber of Labour recommends planning the service outside the heating season and keeping the maintenance confirmations; when moving out keep at least the last one for the landlord [S4]. Personal tip: Set a reminder in your calendar and note the appliance serial number so arranging an appointment is quicker.
The boiler fails: how to proceed
- Safety first: If you smell gas, open the windows, do not operate any switches, leave the flat and call the gas emergency number 128. This is a safety tip and not a tenancy-law rule.
- Report immediately: Inform the landlord or property management without delay, preferably in writing. Necessary repairs that concern the landlord must in any case be reported by you immediately [S7].
- Demand repair and set a deadline: Ask for rectification within a reasonable time. Especially in the heating season this deadline should be short.
- Allow access: You must permit works for the upkeep of a rented boiler in your flat [S6].
- Document: Note the date and time of the failure, take photos of error messages and keep the correspondence.
If the installer discovers a defect during regular service, have the finding given to you in writing and forward it to the landlord [S4].
If the landlord does not respond
In the full application scope and for co-operative housing you can apply for the landlord to be ordered to carry out the repair. The competent authority is the district court; in municipalities with a conciliation board you must go there first [S8][S9][S10]. Conciliation boards exist only in some larger cities, such as Vienna and Graz; elsewhere the route leads directly to the district court [S4]. In the partial application scope you must sue for upkeep in court [S4].
If your written request together with a reasonable deadline remains unanswered, an independent remedy (Ersatzvornahme) is also possible: you commission an installer yourself and then claim the costs back from the landlord [S4]. Legally you are then regarded as a manager without mandate. Your claim for reimbursement must be asserted in court no later than six months after returning the flat [S7]. Obtain several quotes beforehand and keep the invoice. This route carries a financial risk, so seek advice beforehand.
As long as the flat is only usable to a limited extent without heating or hot water, you may be entitled to a rent reduction (Mietzinsminderung) for that period [S3]. This does not apply if you installed the boiler yourself [S11]. It is better to continue paying the rent under reservation and claim the reduction amount later, rather than unilaterally withholding rent [S11].
Who pays if you caused the damage?
The repair itself remains the landlord's responsibility, even if you caused the defect [S1][S4]. Only afterwards does the question of money arise: if the landlord can prove that you caused the damage, for example by tampering with the appliance or by neglecting servicing for years, they may pass on the costs to you [S4]. According to the calculation of the Arbeiterkammer, the full new price is not charged, but only the portion corresponding to the prematurely lost useful life; if the landlord can deduct VAT, the net price counts [S4].
Hypothetical example: A hot-water boiler with a typical service life of 15 years fails after 12 years because servicing was repeatedly neglected. The new boiler costs a net €1.350. Three of 15 years were lost, i.e. one fifth; according to this calculation the tenant is liable for €270, the remainder is borne by the landlord. This calculation is a guideline, not a statutory tariff.