The tap is dripping, the boiler is on the blink, a window in the stairwell is broken: when damage occurs, the question quickly arises who has to pay and who has to call the plumber. In Austria the answer depends above all on which part of tenancy law applies to your flat. This overview shows you the basic rules, your own obligations and what you can do if nothing happens.
First clarify: which tenancy law applies to your flat?
The Mietrechtsgesetz (MRG) does not apply to all flats in the same way. Broadly speaking, three groups are distinguished [S8]:
- Full scope of application: typically older flats in multi‑occupancy houses and subsidised flats. The strict maintenance rules of the MRG apply here.
- Partial scope of application: for example flats in privately financed new builds with building permission after 30 June 1953 or rented owner‑occupied flats in houses with building permission after 8 May 1945 [S3]. The maintenance rules of the MRG do not apply here [S3].
- Full exemption: for example flats in houses with at most two independent flats [S3].
In the partial scope of application and in cases of full exemption the ABGB applies for maintenance: the landlord must hand over and maintain the flat at his own expense in a usable condition [S4]. However, this ABGB rule can in principle be contractually regulated differently; limits are mainly drawn by the Konsumentenschutzgesetz and certain mandatory provisions [S8][S9]. An important limit concerns boilers and heating units provided with the tenancy, see below.
What the landlord must maintain in the full scope of application
In the full scope of application the landlord must maintain the building, the rented items and the communal facilities to the local customary standard and remedy substantial health hazards [S1]. Concretely this includes, among other things [S1]:
- General parts of the building: roof, façade, stairwell, riser pipes
- Works in your flat: only for serious damage to the building or substantial health hazards
- Heating units provided with the tenancy: heating boiler (Heiztherme), hot‑water boiler, other heat‑producing equipment
- Communal facilities: lift, laundry room, central heating system
- Handover: works necessary so that a flat can be let in a usable condition
A serious damage to the building can be, for example, a burst pipe in the wall or a dangerous electrical cable [S7]. These obligations cannot be validly shifted onto you by lease in the full scope of application [S7].
Boilers and heating units: Since 1 January 2015 the maintenance of heating boilers, hot‑water boilers and other heat‑producing devices provided with the tenancy expressly belongs to the landlord's duties, also for contracts concluded before that date [S1][S6]. In the partial scope of application the landlord's maintenance obligation for such devices provided with the tenancy cannot be contractually excluded or restricted [S6]. If you installed a device yourself during the tenancy, you are responsible for it yourself [S15].
Cooperative housing flats: Non‑profit building associations must maintain considerably more inside the flat. Exceptions include, for example, the replacement of light bulbs, trivial repairs and painting and wallpapering [S5].
What you as tenant take on yourself
In the full scope of application you must maintain and keep your flat and its fittings so that no disadvantage arises for the landlord and the other tenants. This concerns above all electrical, gas and water pipes, heating systems and sanitary installations [S2]. Excluded are serious damages to the building and substantial health hazards; these remain the landlord's responsibility [S2].
In practice this means: minor defects in everyday life are your responsibility [S2]. For a heating boiler provided with the tenancy you take on the regular servicing, but repair and replacement remain the landlord's responsibility [S1][S10]. If the shower hose snaps while you are showering and water runs into the wall as a result, the landlord must nevertheless have the damage to the building repaired; he can pass the bill on to you or your household insurer as compensation for damages [S7].
Hypothetical example: In an old flat the shower hose is dripping. That is a typical case for you as tenant. If, however, a damp patch appears on the wall because a pipe in the masonry is leaking, that is likely to be a serious damage to the building for which the landlord must take care [S1][S2].
Your duty to report: notify damage immediately
If you notice a serious damage to the building you must report it to the landlord without delay. If you fail to do so you can be liable for the damage resulting from that omission [S2]. The ABGB contains a similar duty to notify for all tenancies [S11].
Own tips: Report damage in writing, by e‑mail or by registered letter. Describe what occurred and when, and attach photos. Keep copies and any replies. In emergencies, let tradespeople into the flat, because you must in principle allow work that is necessary to remedy serious damage [S2].
If the landlord does not respond
In the full application area you, as an individual principal tenant, can apply for the landlord to be ordered to carry out necessary maintenance work. The deadline for this will be set reasonably and is at most one year [S12]. The competent authority is the district court at the location of the building [S13]. In municipalities with their own conciliation office you must first turn to that body [S14]. In Vienna this is the Conciliation Office of the City of Vienna (MA 50) [S7]; some other larger cities also have conciliation offices, otherwise the district court is the right place.
In the partial application area and in cases of full exceptions this procedure does not exist. There you generally have to enforce your claim by means of a lawsuit in court [S10].
At the same time you may be entitled to a rent reduction if the flat is no longer fully usable because of the defect [S4]. However, do not reduce the rent prematurely and seek advice first, for example from the Arbeiterkammer or a tenants' organisation.