Austria’s tenancy laws draw a clear distinction between old buildings and subsidised flats, which fall under the full scope of the Tenancy Law Act (Mietrechtsgesetz, or MRG), and new buildings or detached houses, which are only partly covered.
Knowing which category your home falls into is essential before you can determine who’s responsible for fixing what.
READ ALSO: 'Betriebskosten': What are the extra costs renters must pay in Austria?
Landlord duties under the Tenancy Law Act
According to the Austrian Tenants’ Association (Mietervereinigung), landlords are responsible for maintaining the common parts of the building, including the roof, façade, exterior windows, doors, and shared areas such as stairwells, heating systems, gardens, and laundry rooms.
Inside your apartment, the landlord’s duty to repair applies only when there is serious damage or a significant health or safety risk. This includes burst water pipes, dangerous electrical wiring, severe mould, or leaking gas lines. These repairs are part of what’s called the landlord’s maintenance obligation (Erhaltungspflicht) and can be legally enforced under the MRG.
For example, if your wall becomes damp due to a leaking pipe, the landlord must fix it. But when smaller problems arise, like a loose cabinet handle or a broken light switch, they generally fall under the tenant’s responsibility.
READ ALSO: Renting in Austria: How much can the landlord ask for as a deposit?
What about appliances like dishwashers or ovens?
A common misunderstanding among renters is that the landlord must repair or replace appliances they originally provided, such as the dishwasher, fridge or oven. Under the MRG, that is usually not the case.
The Tenants’ Association explains that the landlord is only obliged to repair damage inside the apartment when it poses a serious structural issue or health risk.
Kitchen appliances, even if supplied with the rental, do not fall into that category.
For most kitchen appliances, the landlord’s responsibility ends at providing them in working order. If your dishwasher or oven breaks, and there’s no clause in your contract stating otherwise, you’ll likely have to pay for repairs yourself.
The exception is the boiler (Warmwasserboiler), which is legally treated differently from other appliances. If it was included in the rental agreement, the landlord must ensure it is repaired or replaced when it stops working. This applies to nearly all rental properties except for single-family or two-family houses.
READ ALSO: Can my landlord in Austria ask me to leave my apartment so they can use it?
In those cases and for all other appliances, the rule changes: responsibility depends on what’s written in the rental contract. If the lease says the landlord must maintain appliances, they must cover the associated costs. If not, the tenant will be responsible for paying for the repairs or replacement themselves.
New buildings and limited MRG coverage
In new buildings where the MRG applies only in part (Teil-Anwendung des MRG), contractual agreements play a larger role.
There, the landlord’s maintenance duties are not automatically as strict as in older, fully regulated buildings. Whether the landlord must pay for appliance repairs depends on how the contract divides maintenance tasks.
That means tenants in modern flats should carefully read their lease before assuming any repair is covered. Clauses can vary significantly between property owners.
READ ALSO: How to know if your landlord in Austria might be charging too much rent
Boiler repairs and tenant action
When it comes to the boiler, tenants have a clear right. If it’s part of the rented equipment, the landlord must organise and pay for repairs. Tenants are required to notify the landlord immediately when a fault is discovered, especially if it’s identified during regular servicing. In most cases, landlords must respond promptly to ensure the heating or hot water supply is restored.
If a landlord refuses to carry out necessary repairs, tenants living in old or subsidised buildings covered by the full MRG can enforce the obligation through legal action, with the help of tenants’ associations or local arbitration boards (Schlichtungsstellen).
Key vocabulary
Mietrechtsgesetz (MRG) – Tenancy Law Act governing rental contracts in Austria
Erhaltungspflicht – landlord’s duty to maintain the property
Teil-Anwendung des MRG – partial application of the MRG in new buildings
Warmwasserboiler – water heater or boiler
Schlichtungsstelle – arbitration board for housing disputes
Mietervereinigung – Austrian Tenants’ Association
Comments (2)