Following the recent severe weather, many tenants are confronted with considerable damage to their apartments. This raises two key questions: “Who will cover the costs of repairing the damage?” And: “Do I still have to pay rent if the apartment has become uninhabitable due to storm damage?”
The answer depends largely on the tenancy in question. Is it within the full scope of application of the Tenancy Act (MRG) or is it subject to the provisions of the General Civil Code (ABGB)?
Tenancies outside the full scope of application of the MRG are subject to the provisions of the ABGB in the present context. § Section 1096 ABGB stipulates that the landlord is obliged to hand over the rented property in a usable condition and to maintain it in such condition for the entire duration of the tenancy. However, if the rented property becomes unusable due to an unforeseen event, such as severe weather or epidemics, the landlord cannot be obliged to restore it. In return, however, he cannot demand rent, as the tenant is entitled to a rent reduction depending on the extent of the impairment of use.
These provisions are dispositive, i.e. they can be contractually amended or restricted.
In the area of full application of the MRG, however, the landlord is only obliged to repair damage to the rented property if there is serious damage to the building (e.g. damp walls) or a significant risk to the health of the residents (e.g. massive mold infestation). The landlord is not obliged to carry out repairs in the event of other damage to the rented property.
Although this provision is disadvantageous for the tenant in comparison, it is (relatively) mandatory in contrast, i.e. it is not permissible to place the tenant in a less favorable position in the tenancy agreement.
In such situations, it is crucial for tenants and landlords to know the exact provisions of the tenancy agreement and the legal framework.
Do you need legal support in matters of tenancy law? The team at Hule Bachmayr-Heyda Nordberg will provide you with expert advice and help you to assert your rights.
