If your flat has significant defects – mould, damp, a heating failure – § 1096 ABGB releases you from paying the rent, in full or in part. The rent reduction applies by operation of law, regardless of fault, and also outside the Tenancy Act (MRG). There is no fixed percentage; the amount depends on how serious the defect is and how long it lasts. Important: never reduce the rent unilaterally without first giving written notice of defects and securing evidence. Otherwise you risk qualifying rent arrears – arrears serious enough to justify termination – and with them an action for eviction.
Mould on the wall, persistent damp, a heating system that fails in the middle of winter: if your flat is not in the condition agreed, you do not have to pay the full rent. In such cases, Austrian law provides for a rent reduction. But if you go about it the wrong way and simply transfer less, you risk more than you stand to gain. This page explains when you may reduce the rent, how large the reduction can be – and above all, how to do it properly.
The right to a rent reduction (§ 1096 ABGB)
Your landlord owes you a flat in usable condition – not only at handover, but for the entire duration of the tenancy. If the flat is defective – for example because of mould, damp or a heating failure – § 1096 ABGB wholly or partly releases the tenant from paying the rent.
Three points matter here:
- By operation of law: The reduction applies automatically, as soon as and for as long as the defect exists. You do not have to ‘apply’ to a court for it first.
- Regardless of fault: It does not matter whether the landlord is at fault. Even a defect that is nobody’s fault releases you from part of the rent.
- Also outside the MRG: § 1096 ABGB applies whether or not the Tenancy Act covers your flat – including where the Act applies only in part or not at all.
There must always be a significant impairment of the flat’s usability. Minor cosmetic defects are not enough. Mould that endangers health or makes rooms unusable, on the other hand, is a classic ground for a reduction.
The right way: how to reduce the rent without risk
To make sure a justified claim does not turn into an own goal, take a structured approach:
1. Notify the landlord of the defect in writing
Notify the landlord of the defect in writing, in a way you can prove (email, registered letter). Describe specifically where the mould or damage is and how extensive it is.
2. Set a deadline for the repair
Ask the landlord to put the defect right within a reasonable time. This documents that you gave the landlord the chance to carry out repairs.
3. Secure evidence
Record the condition with photos and – for more extensive damage – an expert report. With mould, an expert report can establish the cause and extent. Note down dates and keep all correspondence.
Only on this basis can you reduce the rent on a legally sound footing – ideally with a lawyer’s support rather than by cutting the rent unilaterally.
How large is the reduction?
The amount of the rent reduction depends on how serious the impairment is and how long it lasts, and it always depends on the individual case. If a flat is completely unusable, the rent can fall to zero; if only one room is affected, the reduction is proportionately smaller.
The law does not set a flat-rate percentage – and a reliable assessment is only possible once the specific circumstances have been examined. That is why we deliberately do not promise you a fixed percentage. Instead, we work out the appropriate amount on the basis of your case.
Who is responsible for the repairs?
In principle, keeping the flat in usable condition is the landlord’s responsibility. Where the MRG applies in full, the landlord has specific maintenance obligations (§ 3 MRG). In Vienna, the body to turn to with these claims is the City of Vienna’s Arbitration Board for Legal Housing Matters (MA 50). Rent reduction and repairs are two separate levers: the reduction eases the financial burden on you for as long as the defect lasts, and pursuing the repairs removes the cause. It often makes sense to pursue both at the same time.
How we help you
We assess whether a rent reduction is justified in your case, draft a legally sound notice of defects and secure the evidence. We then pursue the reduction – and, where necessary, the repairs – against the landlord. This way, you avoid the risk of an action for eviction and reduce the rent safely. In Vienna, we advise tenants as well as landlords who want to defend themselves against unjustified rent cuts.
Contact: Teamanwälte · Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Arrange an initial consultation – we will clarify whether you may reduce the rent, and by how much.
Further reading: return to the overview of Tenancy & housing law in Vienna, or read the closely related page Action for eviction & forced eviction – because a justified reduction can call alleged rent arrears into question.
Note: This page provides general information only and is no substitute for individual legal advice. The amount of any reduction must be checked in each individual case. We do not promise fixed percentages and give no guarantee of success.